Q: Can a US court establish paternity by default and order a United States citizen man to pay child support and suspend his US passport for not paying child support? The courts cannot locate this person, because he does not have a US mailing address and cannot garnish his wages, because they cannot locate any assets in the United States. He had sex with this woman in the United States but the mother suspects that he moved to Japan, before her child is born.
A: David's Answer: Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post. -- 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.
Saturday, September 28, 2013
What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates?
Q: What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates? This man is a citizen of the United Arab Emirates.
A: The mother would need to establish jurisdiction over him, which is usually done via the Hague Convention on Service Abroad. She must also establish personal jurisdiction. Finally, she should coordinate her efforts with a UAE Child Support attorney as s/he would need to assist in the enforcement of the order. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: The mother would need to establish jurisdiction over him, which is usually done via the Hague Convention on Service Abroad. She must also establish personal jurisdiction. Finally, she should coordinate her efforts with a UAE Child Support attorney as s/he would need to assist in the enforcement of the order. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child Support Arrears Waived
Q: i finally got my arrears balance to zero by it being waived. My question is will i qualify for a refund of the money being taken out while the system is being updated?
A: David's Answer: You should bring a copy of the court order immediately to SCU so they can stop the garnishment. You can also bring it to your payroll department so they can stop sending the money to SCU. If any money is in fact taken by SCU & still held by them, then you can get it back from them. If SCU dispersed it to the support recipient, then you'd need to sue her for the overpayment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You should bring a copy of the court order immediately to SCU so they can stop the garnishment. You can also bring it to your payroll department so they can stop sending the money to SCU. If any money is in fact taken by SCU & still held by them, then you can get it back from them. If SCU dispersed it to the support recipient, then you'd need to sue her for the overpayment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do I transfer a child support case from New York to North Carolina?
Q: My son and his mother live in Maryland and I live in North Carolina but the child support case is still in New York. What can I do to have it transferred?
A: David's Answer: It depends on what you mean by "case." If no one resides in New York any longer, then New York would no longer have exclusive jurisdiction over modification or enforcement petitions. Future such petitions should be filed in Maryland. That said, if you're talking about the collection of the support, then either one - probably better for the mother to do so - may make an application to have the collection transferred to North Carolina Support Collection Unit. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It depends on what you mean by "case." If no one resides in New York any longer, then New York would no longer have exclusive jurisdiction over modification or enforcement petitions. Future such petitions should be filed in Maryland. That said, if you're talking about the collection of the support, then either one - probably better for the mother to do so - may make an application to have the collection transferred to North Carolina Support Collection Unit. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I get the back child support?
Q: My parents got divorced when I was young, 3-4 years old. My father was ordered to pay child support and only paid a handful of months he was suppose to. My mom took him to court on a few occasions, but he worked off the books in order to get away with not paying it. Currently, he's a supervisor at one business and owns another with a partner. I'm 20 now, but was curious if I could sue for back child support or if my mom had to, or if it was even possible to get the money at all.
A: David's Answer: If there's an outstanding order & he owes arrears, then it can be enforced. Furthermore, he generally needs to pay support until you're 21, so your mother could also file a petition for upward modification. Have your mother schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If there's an outstanding order & he owes arrears, then it can be enforced. Furthermore, he generally needs to pay support until you're 21, so your mother could also file a petition for upward modification. Have your mother schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can Social Security Earnings be calculated towards child support?
Q: Am working f/t & am a custodial parent. If I decide to collect social security can my portion of child support be increased and non-custodial parents share be decreased? In other words: Can social security income be calculated towards child support? I am 63 yrs. old.
A: David's Answer: All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, September 21, 2013
Up to what age is a parent financially responsible for their child in NY if he is a part time student taking only 1 class?
Q: My child will be 23 on April 1st. He is working part time. He is under the impression that we have a legal obligation to support him until he is 24 since he is taking 1 course in college. He is currently failing the class which is a basic English course.
A: David's Answer: I also agree. Child support statutorily cuts off at age 21, unless there is a valid, written agreement to the contrary (which in turn was incorporated into an order/judgment). As such, I suggest that if there was such an agreement, you take the time to have it reviewed by an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I also agree. Child support statutorily cuts off at age 21, unless there is a valid, written agreement to the contrary (which in turn was incorporated into an order/judgment). As such, I suggest that if there was such an agreement, you take the time to have it reviewed by an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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