Father did not agree with initial child support order. What to expect at second hearing?

Q: I went to my initial child support hearing in November and the father objected based on the 17%. The support magistrate will be looking at our financial affidavits. He is not below the poverty line, this is his only child/I do not keep the child from him and he has been on his job for 18 years. What should I expect at the second hearing? This whole process is becoming quite stressful. Thanks in advance.


A: David's Answer: There are a few common factors the Court will use in deviating from the standard child support calculation. First, if the combined parental income exceeds $136,000 (the current statutory "cap"), then the court MAY deviate on the percentage for income exceeding that amount. Second, if the father is supporting other children pursuant to a valid written agreement or order, the Court SHOULD give him a credit for those payments. Finally, if the father has some unusual expense (such as student loan debt, a garnishment, high health care costs, etc.), the court MAY take same into account in making the support lower. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Do support magistrates tend to frequently lower child support based only on what the noncustodial parent says?

Q: I recently got a final support order. In my temporary order I had received a WHOPPING $40/week (being facetious here). We went back to court for the final order and now my son's father claimed he lost his job and cannot pay $160/month. The judge now made a $25/month court order. He didn't show any proof of this job loss and lied repeatedly under oath. Do support magistrates frequently make decisions of reducing child support without any proof from the noncustodial parent? It just seems like justice is not being served, especially since I brought in all the proof of income and expenses that I was asked to bring in and he came in empty handed.


A: David's Answer: The Judges role isn't necessarily to "challenge" the father's proof, but to hear the evidence presented & rule upon it. You had the ability to challenge the father's case, but I presume you represented yourself & thus (& this is meant with no offense) did did not know how to properly do so. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

College expense obligations of a non-custodial parent

Q: I am the non-custodial father of a 21-year old who attends one of the most expensive college in the country. For the first two years, he was awarded an excellent financial aid package, which put my pro rata share of the expenses into the average SUNY expenses. In AUgust 2011, his grandmother passed away and left a very hefty inheritance to his mother (my ex.) Because of this, the college has significantly reduced his aid award. My ex expects me to pay my pro rata share of these significantly increased costs, which is more than 2 X the original cost two years ago. Is this equitable? It is not what I agreed to. To complicate the issue, she has since quit her job, which is going to significantly increase my pro rata share. Is this fair, and legal?


A: David's Answer: Here's the question: is the "agreement" a written settlement agreement which was incorporated into your divorce judgment? Furthermore, what are the provisions for modifying same? Does it prescribe an amount - or percentage - that you contribute towards college? These are among the factors which will bear on whether the order can be modified. -- David Bliven, Westchester Child Supprt lawyer (www.blivenlaw.net)

What does this CPO-D/R implies when placed in the calendar of a court order?. Can you explain??

Q: this is in relation to a child support case. Unfortunately unable to pay due to lack of work.


A: David's Answer: It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. -- David Bliven, White Plains Child Support lawyer (www.blivenlaw.net)

I am a married man who had a child outside of marriage

Q: The child's mother is now taking me to child support. Why do they want my wife's finical information if she is not legally obligated to the child.


A: David's Answer: They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Child support ny state

Q: I have to two sons going away for college this fall and both will be staying in the school dorms. My question is will my payments go directly to them or the same as now to the mother?


A: David's Answer: Unless the order is modified, you must continue to pay the mother. That said, there are a couple of different possibilities to modify: (a) you may get a credit off basic support for your contribution toward room-and-board, and/or (b) if the kids basically live at school and only return to the mother's house to visit on breaks, you may be able to get the basic support reduced or eliminated during the periods of time they live at school. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Can I take my ex to court for non payment and possibly increase if he doesn't have a job?

Q: More than 2 yrs ago I moved out of my parents home and have been paying for my daughters insurance and medical bills without extra payments from her dad. I have only received 1 Cola increase of $6.50 in 10 years because he has been unable to hold a job long enough for me to take him back to court. He is now in arrears but still has no job on file. Do I have any chance of seeing a judge let alone getting an increase?


A: David's Answer: If you cannot prove he's had an increase of income, then it will be quite difficult to get an increase. That said, you certainly should be able to enforce the arrears. I thus suggest that you schedule a follow-up consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)