Q: I HAVE BEEN SEPARATED WITH MY HUSBAND FOR 9 YEARS. I WANT TO CLAIM CHILD SUPPORT, CAN I BE ABLE TO CLAIM FOR THE PAST 9 YEARS. AND IF SO WHAT IS THE PROCESS.
A: The general rule is no absent a court order or agreement. However, if there were specific debts incurred which are still outstanding, those debts may be claimed as "marital debts" such that he would be obligated to pay his share of. I suggest that you contact me for a free initial consultation - my number is 914-468-0968. -- 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.
Sunday, August 11, 2013
Saturday, August 10, 2013
How do I go about getting a decreased modification of child support in westchester county, New York?
Q: Job assignment to a lower pay grade. Significant loss of overtime which was originally calculated in support order.
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, August 7, 2013
When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...
Q: If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?
A: David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, August 3, 2013
I went to court this morning child support collection sereved ex because in rear. Can i get legal aid?
Q: ex owes 292.87. child support unit served paper to him. went to court this morning now have to go back in aug. can i see if i can get legal aid to help me.
A: David's Answer: As the petitioner in a child support matter, you are not automatically entitled to assigned counsel because you are indigent. While I have seen such appointments under the general rubric of "poor person relief," it is quite rare & done only in exceptional cases. To determine whether you need to hire an attorney, you're best advised to schedule a free consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: As the petitioner in a child support matter, you are not automatically entitled to assigned counsel because you are indigent. While I have seen such appointments under the general rubric of "poor person relief," it is quite rare & done only in exceptional cases. To determine whether you need to hire an attorney, you're best advised to schedule a free consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, July 27, 2013
Over paid on childcare in past 5 years, petition filed 2 months ago. Can I get reimbursed for the over payment?
Q: My child has not be in child care in the past 5 years. Can I get reimbursed for the payment made for childcare?
A: David's Answer: I disagree with the opinion that you can't get reimbursement for this. There is certainly a general rule that overpayment of basic child support cannot be reimbursed. However, recent caselaw has crafted an exception for overpayment of add-on expenses, such as unreimbursed child care. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I disagree with the opinion that you can't get reimbursement for this. There is certainly a general rule that overpayment of basic child support cannot be reimbursed. However, recent caselaw has crafted an exception for overpayment of add-on expenses, such as unreimbursed child care. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, July 20, 2013
I threw my 18 year old child out because of drugs use, not going to school and risky behavior. Do I have to pay child support?
Q: She is living with her boyfriend and family.
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc
Q: I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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