Q: My husband has $330 deducted from his pay each month pre-tax, so the actual cost to him is approx $250. Am I obligated to pay him 50% of the gross premium or $165, or 50% of the actual cost after taxes which would result in $125?
A: David's Answer: The issue is the actual cost to cover your son in addition to his other costs. It's that number you would be dividing by 2. Schedule a consult with a child support lawyer in your area. -- 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, February 26, 2014
Legally divorced since 2012 but still living in the same house with my ex.. can I get child support from him ?
Q: For financial reason I am unable to find a place on my own ... I am still living in same house as my ex spouse but never ask for child support . We split all the bills ..But I would like to know if legally I can still collect child support so that my kids and I can move out move forward ..My divorced was finalize in October of 2012.
Thank you
Ligmy
A: David's Answer: The problem is that generally child support is only awarded to the custodial parent. If you are both residing in the same household, and the bills are being paid, then technically you're both the "custodial parent" of the children. What did the divorce decree say about custody & support? You're best advised to schedule a consult with a Putnum/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thank you
Ligmy
A: David's Answer: The problem is that generally child support is only awarded to the custodial parent. If you are both residing in the same household, and the bills are being paid, then technically you're both the "custodial parent" of the children. What did the divorce decree say about custody & support? You're best advised to schedule a consult with a Putnum/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I am trying to modify my child support
Q: My ex husband pays 50.00 per month for our two children, aged 9 and 5, He has an 18 year old son from a previous relationship that gets over 200.00 per month, and the son is in the army. he has not called or seen the children for months, and changed jobs without notifying support. He earns much more than i and i don't understand why the first child gets so much more, when his mother earns more than his father, and he gets paid from the army.
A: David's Answer: It may be that the father is pulling a fraud - saying he pays support when he really doesn't. You can try to argue in your case that the military child is emancipated & therefore any payments the father makes for that child are voluntary. If successful, he would then not get to subtract that order before the court calculates support for your children. Speak to a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It may be that the father is pulling a fraud - saying he pays support when he really doesn't. You can try to argue in your case that the military child is emancipated & therefore any payments the father makes for that child are voluntary. If successful, he would then not get to subtract that order before the court calculates support for your children. Speak to a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Monday, February 24, 2014
How can i prove money orders were sent for child support?
Q: I have my first child support court date coming up soon. We never had any legal arrangment and were never married. I always gave her a good amount weekly that she was fine with until recently. I have several money order recipts that are from after the date she filed the petition. These recipts clearly are just small stubs with numbers on them. How can i prove to the court that they were written out to my ex and i wrote child support on them? Can the court find out by tracking the number or is that my responsibility ? I know i can request a photo copy of the original money order but then I'd have to mail in the original recipt and dont know if that would count against me in court to not have the original copy. Just want to make sure i get credit for all these.
A: David's Answer: First, you only get credit for payments dating back to her filing date anyway. Second, see if she'll agree to the amounts in court once you produce the money order receipts you have. If she doesn't, then seek an adjournment to get the receipts with the memo portion. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you only get credit for payments dating back to her filing date anyway. Second, see if she'll agree to the amounts in court once you produce the money order receipts you have. If she doesn't, then seek an adjournment to get the receipts with the memo portion. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, February 22, 2014
Can this money be taken in family court?
Q: I have a court date in a few days for child support court. I have to put down all my income, assets ect. Can they account for a settlement i got a few months ago from a serious injury that happened on the job at work? I thought this settlement was because i had to go through this traumatic injury and it was employers fault, i dont see why i would have to pay for my ex for it. Also my girlfriend lives with me and helps with bills , why do they want to know who lives w me and how much they make? Its me they want
A: David's Answer: Yes - as a general rule if its workers comp then this is considered income. If it's otherwise meant to pay your bills, etc. while you are out of work, then it's income. If you otherwise are being supported by someone, they may potentially impute income to you on that basis. Speak to a support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes - as a general rule if its workers comp then this is considered income. If it's otherwise meant to pay your bills, etc. while you are out of work, then it's income. If you otherwise are being supported by someone, they may potentially impute income to you on that basis. Speak to a support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How will court determine child support?
Q: I am awaiting a court date since my ex summonds me with child support. I know she works full time and i currently make 250/week gross and made 13000 last year and 20000 the year before. Im not sure what she makes but works at a restaurant and married to someone who works at some gas gas station. Any prediction of how much will be mandated for me to pay for 2 kids? Do they go by current income, last year or last 2 years? just predicting on how much to save to pay whats owed when ordered next month.And no im not a dead beat always have paid, just couldn't not workig the last 6 months due to recovering from major surgery.
A: David's Answer: If you worked full-time all last year & still only made $13,000, they will use that income & calculate 25% of your adjusted gross. If not, the Court may pro-rate the income as if you were working full time, all year. Another option is for the court to use current year income - but they usually only do that if at least 6 months have passed in that particular year. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you worked full-time all last year & still only made $13,000, they will use that income & calculate 25% of your adjusted gross. If not, the Court may pro-rate the income as if you were working full time, all year. Another option is for the court to use current year income - but they usually only do that if at least 6 months have passed in that particular year. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Friday, February 21, 2014
For a new child support court case do i have to disclose information on a workers comp settlement?
Q: My ex and i have had a verbal agreement on child support payments but recently has served me with court paperwork for an unknown reason. I have proof of all payments and have never not paid. A few years ago i was severely injured on the job task and about 6 months ago received a fair settlement that i have put into savings. On the summonds it asks to put down all income assets etc. This is from an injury that my doctor claims a permanent 25% loss in my arm Hense why i got this money. Is this something i have to report to child support when court date happens? I cant afford a lawyer or I'd ask one.
A: David's Answer: Yes, you have to report it as to do otherwise would be to commit felony perjury. That said, merely because you have money in the bank doesn't mean this constitutes "income." Whether it's considered income or not may depend on whether that's your sole source of income & whether you're drawing upon it to pay living expenses. If so & perhaps to that extent it may be considered income. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, you have to report it as to do otherwise would be to commit felony perjury. That said, merely because you have money in the bank doesn't mean this constitutes "income." Whether it's considered income or not may depend on whether that's your sole source of income & whether you're drawing upon it to pay living expenses. If so & perhaps to that extent it may be considered income. Speak further with a child support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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