Q: child support modification
A: David's Answer: If I understand your question correctly, it is only the income of the parent of the subject child which counts for the child support calculation. As such, if the parent re-marries, his/her spouse's income usually does not get included in the calculation. That said, you should schedule a follow-up consultation with a Child Support lawyer in your area for a full assessment of the situation. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including divorce, separation, custody/visitation, child support and paternity matters. He’s ranked in the top 5% of NYC Metro Family Law Attorneys, and has been published in numerous periodicals. He is the author of 6 Family Law books. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website is: www.blivenlaw.net.
Tuesday, May 28, 2013
If you accrued one year of arrears and just started paying, Is it easy to get modification or can violation still be enforced
Q: My ex only got a part time job to stay out of jail.
A: David's Answer: First, you can still enforce the order. Whether he'll be found guilty is a question intertwined with whether he'll get the modification. The answer will be whether he can prove he made a "diligent search" for work, which usually entails submission of an extensive job search diary to the Court. In my humble opinion, most such violators fail in that regard. In any event, you're best advised to schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you can still enforce the order. Whether he'll be found guilty is a question intertwined with whether he'll get the modification. The answer will be whether he can prove he made a "diligent search" for work, which usually entails submission of an extensive job search diary to the Court. In my humble opinion, most such violators fail in that regard. In any event, you're best advised to schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Tuesday, May 21, 2013
Parental obligations?
Q: do i have to pay child support if we agreed to have and abortion or put the baby up for adoption and she reneged?
A: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: Assuming the baby was born & you're the father, the answer is yes. Such "out-of-court" agreements are not binding. If she's suing you for support now, or threatening to, you're best advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can a Matrimonial judge overrule Federal Law?
Q: In the Decision After Trial, the judge granted my ex the right to deduct our youngest child on his taxes. I never signed the IRS form, and was not required to in the Decision. Now its years later, and I provide the majority of support, have sole custody and there is no visitation. He is suing me for deducting the youngest. The IRS office says I am in compliance. Does the Decision supersede Federal Law? Please respond - I am back in court tomorrow.
A: David's Answer: It's not so much that the Judge is "overruling" IRS regulations. It's that the IRS regulations - which say the custodial parent is generally entitled to the deduction for the children - merely sets up a general rule. State Judges are then allowed to make decisions/orders which make an exception to that general rule. If there was an order in place and you violated, then you should do 1 of 2 things or both: (1) file an amended return, and/or (2) file a modification petition requesting a re-consideration of the deductions (and/or an upward modification if more than 3 years has passed since the Judge's prior decision). For a full assessment, I suggest setting up a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It's not so much that the Judge is "overruling" IRS regulations. It's that the IRS regulations - which say the custodial parent is generally entitled to the deduction for the children - merely sets up a general rule. State Judges are then allowed to make decisions/orders which make an exception to that general rule. If there was an order in place and you violated, then you should do 1 of 2 things or both: (1) file an amended return, and/or (2) file a modification petition requesting a re-consideration of the deductions (and/or an upward modification if more than 3 years has passed since the Judge's prior decision). For a full assessment, I suggest setting up a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Magistrate verbally agreed on my ex paying 66% of the extras, not stipulated in court papers, ex is not paying, what should I ?
Q: Ex is paying child support but not the 66% agreed verbally, I need to file a change of circumstance, how to I prove the verbal agreement aside from trying to obtain a transcript,
(the case was taped) not typed. I need him to pay the 66% percent of extra curricular activities as I am a single disabled mom, what steps should I take?
A: David's Answer: If you believe something was stated on the record by the Magistrate, but then not put in the final order, then there is no way to correct the prior order without ordering the transcript. You should thus order the transcript and file a motion to re-settle the prior order (NOT a petition for modification, which can only grant you relief retroactive to your filing date, as opposed to relief retroactive to the date of the order). In any event, I suggest you schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
(the case was taped) not typed. I need him to pay the 66% percent of extra curricular activities as I am a single disabled mom, what steps should I take?
A: David's Answer: If you believe something was stated on the record by the Magistrate, but then not put in the final order, then there is no way to correct the prior order without ordering the transcript. You should thus order the transcript and file a motion to re-settle the prior order (NOT a petition for modification, which can only grant you relief retroactive to your filing date, as opposed to relief retroactive to the date of the order). In any event, I suggest you schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support after Ex husband retires
Q: Ex husband said he is
retiring from the military. will they still continue to take the child support
from his monthly pay check, like they have been
doing
A: David's Answer: If your support is collected by Support Collection Unit, you may wish to notify them. Your ex will likely no longer receive a paycheck from the military, but instead begin receiving his military pension. This requires a different enforcement devise to be utilized to collect the support, which they should be able to process. Nevertheless, they may need to information from his pension in order to process the paperwork. You should schedule a follow-up consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If your support is collected by Support Collection Unit, you may wish to notify them. Your ex will likely no longer receive a paycheck from the military, but instead begin receiving his military pension. This requires a different enforcement devise to be utilized to collect the support, which they should be able to process. Nevertheless, they may need to information from his pension in order to process the paperwork. You should schedule a follow-up consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 18, 2013
Can I be forced to change my child's last name?
Q: I'm in court with my child's father. My child is 5 months old. I gave my child my last name and now the child dad want the child's last name to be his. I never married my child's dad could I be forced by the courts to do that?
A: David's Answer: you're in court on a paternity petition & the father is able to legally establish himself as the child's father, then yes, he has a right to request that the child's last name be changed. Usually in such an instance the court will compromise and have the child's name hyphenated. In any event, you should schedule a follow-up consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: you're in court on a paternity petition & the father is able to legally establish himself as the child's father, then yes, he has a right to request that the child's last name be changed. Usually in such an instance the court will compromise and have the child's name hyphenated. In any event, you should schedule a follow-up consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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