Q: My soon to be ex's lawyer contacted me and said that my support application was "light". They are now asking for pay stubs and w-2 forms which have already been submitted. Can you tell me what this means?
A: David's Answer: It's hard to say what is meant by that. If you have a modification petition, perhaps the lawyer meant that the basis for modification was arguably insufficient from a legal standpoint. You're best advised to schedule a consultation with a Putnum/Westchester Child Support attorney for a full assessment. -- 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.
Wednesday, November 27, 2013
Is my New Jersey employer under any obligation to collect NYS child support? Can they collect it and pay if i request it of them
Q: I just started a job in new Jersey. The support is court ordered and paid directly to support.
A: David's Answer: I see no reason why it would not be collectible. Make sure NY SCU has your employer's information. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I see no reason why it would not be collectible. Make sure NY SCU has your employer's information. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My daughter will turn 21 in Jan and is a fulltime student. can I still collect support for her until she graduates in NYS?
Q: Now support I receive pays for her apt. I cannot afford this without the support and I am afraid he will not continue to support her.
A: David's Answer: If you do not have a prior written agreement from the other parent to extend support until she graduates, then any further support must be on consent. In that instance, contact the other parent & see whether s/he will agree. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you do not have a prior written agreement from the other parent to extend support until she graduates, then any further support must be on consent. In that instance, contact the other parent & see whether s/he will agree. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, November 20, 2013
Is it wrong if I withhold $ due to a discrepancy in child support when my ex is in arrears with daycare reimbursement for 4+mos?
Q: We have a divorce decree, he is ordered to pay child support and % daycare and medical. He is over 4 months in arrears with daycare reimbursement, csu deducted the wrong amount in October for child support and although he is in arrears with daycare reimbursement he is demanding I reimburse the discrepancy which is way less than what he owes for daycare.
A: David's Answer: I would advise to write the father with the following proposal: either you be allowed to treat the discrepancy as an off-set, you else you'll need to go back to court to enforce the arrears, in which case he'll be hit with interest and counsel fees. If he chooses the "hard way," then hire a lawyer & file the application. Speak to a Dutchess/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: I would advise to write the father with the following proposal: either you be allowed to treat the discrepancy as an off-set, you else you'll need to go back to court to enforce the arrears, in which case he'll be hit with interest and counsel fees. If he chooses the "hard way," then hire a lawyer & file the application. Speak to a Dutchess/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
Saturday, November 16, 2013
Is father financially liable if he grossly underrepresented his income for child support?
Q: This question is regarding a 2009 child support order, and a 2010 order upon support for an educational trust. I found out that the child's father grossly under-reported his income to the court. Instead of earning $150,000 a year, he actually earns $750,000. The child was entitled to share in her father's wealth and standard of living, and was deprived of it due to his lie. I have copies of pay stubs over a three month period to prove it. It is also on documents from another court (he is not aware that I have these documents in my possession, or that I am aware of his true income). Is the child entitled to back child support for what the amount "would have been" had his true income been taken into consideration in 2009 and 2010? How do I proceed?
A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I get arrears waived in NY?
Q: I have been paying support for 16 years. Was petitioned in 10/12, court date 12/12 custodial parent did not show up. New court date in 4/13 custodial parent attends with out paperwork. Finally appeared on 9/13 and I am in arrears for over $10K. Shouldn't the arrears be calculated from the date parent finally came prepared for court?
A: No, because the arrears flowed from the date of the prior order. If you mean retroactive support (not technically arrears), then answer is also no, as the Magistrate would have (implicitly) determined that was the proper amount you should have been paying all along. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: No, because the arrears flowed from the date of the prior order. If you mean retroactive support (not technically arrears), then answer is also no, as the Magistrate would have (implicitly) determined that was the proper amount you should have been paying all along. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
If my ex took a voluntary layoff to receive funding go back to school, can he now collect child support from me?
Q: he took this layoff in January, voluntarily, and was accepted into a gov subsidized second careers program. He now only collects the money they offer for schooling support and has come to me to take me for child support. I have been paying for all of our daughters expenses (clothing, extra curricular activities etc) since January and have kept receipts.
A: I'm confused by your question - are your children residing with the father? If yes, then you do indeed need to pay child support to the father regardless of his job situation. If the children are residing with you, on the other hand, then the father owes child support to you, not the other way around. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: I'm confused by your question - are your children residing with the father? If yes, then you do indeed need to pay child support to the father regardless of his job situation. If the children are residing with you, on the other hand, then the father owes child support to you, not the other way around. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
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