Q: adult daughter in NJ that has been going to college parttime for over 6 years and is now 23 years old and works full time? She has gone to three differnt colleges and drops out and then begins again.
A: David's Answer: No, he would not generally be obligated to pay support for a child over 21 unless otherwise provided for in a valid, written agreement. Is the 23yo a child you & he share? How do you (or he) believe it to be relevant at this juncture? Schedule a consultation with a Westchester Child Support lawyer 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.
Thursday, January 30, 2014
NCp court ordered garnishment is Overpaying child support , will I have to reimburse for overpayments?
Q: There is a set amount for child support and a set amount for day care. He is currently in 5k arrears. But For a year and a half he has been overpaying since our child is not in Full time daycare. He also is supposed to be pay half he medical and never does. I have tried to modify but was informed by child support not to and to let him ask for modification. If and when he does will I owe him the overpayments or will it come off the arrears? Or will the overpayments start only from the day he files?
A: David's Answer: If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child Support
Q: What is an Administrative Order on an arrears balance?
A: David's Answer: It's speculative as I'd need to see the paper you're referring to. I'd guess that it's a COLA Adjustment - this is an automatic adjustment in the order based on an increase in the cost of living. You have a right to object to same & request a hearing in Family Court. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It's speculative as I'd need to see the paper you're referring to. I'd guess that it's a COLA Adjustment - this is an automatic adjustment in the order based on an increase in the cost of living. You have a right to object to same & request a hearing in Family Court. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support court order was done in NY. my 18 old now lives in PA do I go by NY or PA laws?
Q: My child support to my daughter was court ordered in NY but she ha lived in PA for 4 years ,she is 18 and a high school grad do I pay until she is 21 NY State law ? or PA where she resides ?
A: David's Answer: If either parent still resides in NY, then child support continues until age 21 under NY law. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If either parent still resides in NY, then child support continues until age 21 under NY law. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Sunday, January 26, 2014
In NYS, is there a statute of limitations for childcare expenses. My ex is asking for reimbursement from 2007-08.
Q: There was an existing order for 50%, when she switched to a very expensive childcare. We made a private agreement that I would pay the same amount and she would payer higher difference. She also insisted on cash. I now have custody and to offset her support order she has filed for unreimbursed expenses.
A: David's Answer: Without doing further research on the question, my instinct is to say no. Child Support decrees are generally always enforceable during the minority of the child. There is a legal doctrine called "laches," which basically means if you sit on your rights you eventually lose them. You should (at the least) schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Without doing further research on the question, my instinct is to say no. Child Support decrees are generally always enforceable during the minority of the child. There is a legal doctrine called "laches," which basically means if you sit on your rights you eventually lose them. You should (at the least) schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can a Judge make decision without seeing both parties in matter of modification of child support and alimony and arrears?
Q: My husband filed for the modification of child support and alimony and arrears.
His ex wife agreed to erased the arrears and lowering alimony and child support basing on his income and both of them agreed and agreement was reached.
To get the agreement correctly done. We went to court and filed the modification paper.
My husband sent out paperworks a month ago and waiting to get the court date. The other party never sent any paperwork regarding the agreement. His ex wife is just waiting on for the court date to tell a Judge that she agrees to whatever was written down on modification paper.
My husband called to see how come he is not getting a date yet and said paperwork will be sent out soon 5 days ago.
Today, he called again and the lady said "Judge is making decision without seeing both
To get the agreement correctly done. We went to court and filed the modification paper.
My husband sent out paperworks a month ago and waiting to get the court date. The other party never sent any paperwork regarding the agreement. His ex wife is just waiting on for the court date to tell a Judge that she agrees to whatever was written down on modification paper.
My husband called to see how come he is not getting a date yet and said paperwork will be sent out soon 5 days ago.
Today, he called again and the lady said "Judge is making decision without seeing both
Additional information
Parties.
I never heard of a Judge not seeing both parties regarding modification process. Help me understand it. I could not understand this at all.
What if judge refused to see both parties and go against their agreement? Then what?
I am just very concerned. Maybe i am worrying about it for no reason but we don't want to waste our time going back and forth to the court.
Case is in Nassau County Matrimonial Court. I mean... We paid $45 for that paperworks to be done.
I already said "Modification". It was MOTION.
If my child's father files for paternity can I file for child support before the court date ?
Q: My childs father filed for paternity and idk where he's going to go next with it can i file for child support and custody before the court date? he has been to jail before and I also want to get supervised visits is any of that possible ?
A: David's Answer: Yes, you can - and should - file a petition for custody. Technically, he would need to file a separate petition for visitation. As for whether he'll get supervised visitation depends in part on his track record of visits thus as well as what he was jailed for, along with several other factors. Speak to a Child Custody lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, you can - and should - file a petition for custody. Technically, he would need to file a separate petition for visitation. As for whether he'll get supervised visitation depends in part on his track record of visits thus as well as what he was jailed for, along with several other factors. Speak to a Child Custody lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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