Q: Is there any hope of having girls come with me (ages 11 &16)? Father lives in same town with significant visitation. I have seen gradual alienation of the girls since he's been here. He, his new wife and girls prtray themselves as 'family unit' & I am treated as an outsider some times. He & I both have Ph.D.s , he left his previous job, is now CEO of his own company ( employs 4 incl his wife). He claims $20000 annual income, I had to waive child support as part of settlement agreement or he would get 50% of my assets. Since I lost my job last year, I've tried to find suitable job locally but couldn't. Options are to stay unemployed, sacrifice career/livelihood to stay close or take new job, lose kids and pay child support & go towards bankruptcy? Is there nothing I can do?
A: David's Answer: You'll need to commence a relocation action in either Family or Supreme Court in your area. Depending on the wording of your settlement, you may be able to also move to claim child support based on unanticipated change of circumstances. This may be a way to put pressure on him to agree to the move. You're best advised to document your job search for comparable employment in your area. Speak to a Child Custody 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.
Saturday, April 26, 2014
Preschool, Private school and Day-care add-ons for child support from unmarried father
Q: Hi, I had a child and starting a support case to get assistance from my ex-boyfriend. We never lived together. I want to know if:
1) Will I be entitled to get Pre-school and private-school add-on for my child? He does not want to send to pre-school or private school.
2) Will he pay a share of whatever type of day-care I choose for my child? does it matter how much it costs?
A: David's Answer: Unreimbursed educational & child care expenses are generally mandatory add-ons. Thus, generally he will need to pay his pro-rata share over & above basic child support. That said, how much of those add-on expenses he's actually assessed with will also involve an assessment of how much money he's left with after subtraction of the basic order & proposed add-ons. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
1) Will I be entitled to get Pre-school and private-school add-on for my child? He does not want to send to pre-school or private school.
2) Will he pay a share of whatever type of day-care I choose for my child? does it matter how much it costs?
A: David's Answer: Unreimbursed educational & child care expenses are generally mandatory add-ons. Thus, generally he will need to pay his pro-rata share over & above basic child support. That said, how much of those add-on expenses he's actually assessed with will also involve an assessment of how much money he's left with after subtraction of the basic order & proposed add-ons. Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Custody attorney (www.blivenlaw.net)
Does my 6,000 settlement count from car accident impute as income for child support?
Q: My ex and i have 2 young boys and have split up 4 yrs ago.never been married nor ever had a legal agreement. In 2011 i was in a car accident which made me out of work for 6 months. I paid my ex what i could from unemployment and we were civil. I went back to work and was then injured on the job in 2013. I then again paid her what i could from disability and remained civil. We recently have got into disagreement with money and had me summonds for child support. I am still out of work since my injury lead to extensive rehab to which i couldn't work. We went to court, Judge made temp order til i have pay stubs when back to work to show in a few weeks. 1 week before served i got a check for 6000 from 2011 accident. Will this be imputed as income for upcoming court date?
A: David's Answer: The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can a pro rata share of extra curricular expenses and medical expenses be lowered if the custodial parent's income increases?
Q: I am the noncustodial parent and I lost my job several years ago causing me to accrue arrears. My base salary at my new job is $46,000 significantly less than what I used to make. I work a second job to support my current wife and youngest son b/c NY child support services were taking 50% of my salary. Then NYCSC started taking more from the 2nd job and leaving me with a net income of $2,000-3000/mo My ex wife's salary went from $88,000 to $119,000. Can the pro rata share of expenses aside from child support be lowered? What petition do I need to file? Or is there a particular law in the books I can refer to or research? I am defending myself in court cause the magistrate will not appoint me an attorney.
A: David's Answer: Yes, it can, as that would likely constitute a significant change allowing for the modification. You would indeed need to file a modification petition. As an aside, the Magistrate cannot generally appoint counsel in child support cases unless there's a violation petition pending. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, it can, as that would likely constitute a significant change allowing for the modification. You would indeed need to file a modification petition. As an aside, the Magistrate cannot generally appoint counsel in child support cases unless there's a violation petition pending. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Visitation and Child Support
Q: My daughter's mother and me have been separated for some time now and I also live in a different state because I'm active duty military my daughter is only a few months old and go and see her everytime I get leave and I sent 600 and 150 and extra when her mother asks and I have proof of it all but lately everytime I contact her mother she tries to pick a fight and is now threating to take me to court for dna and child support because she say's I refuse to help take care of her and it seems to have gotten worse now that i'm married and have another baby on the way and
A: David's Answer: She has a right to have support paid thru the court. Likewise, you have a right to file for a visitation order. You should be aware, however, of your rights under the Soldiers & Sailors Act - and thus the possibility of objecting to NY's jurisdiction is you're active duty. Speak to a Child Support lawyer in the Watertown area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: She has a right to have support paid thru the court. Likewise, you have a right to file for a visitation order. You should be aware, however, of your rights under the Soldiers & Sailors Act - and thus the possibility of objecting to NY's jurisdiction is you're active duty. Speak to a Child Support lawyer in the Watertown area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, April 23, 2014
Child Support ! What happens with child support when one kids lives with mother and one with me please help !
Q: I currently pay $905.80 a month , 25% Percent for 2 child that live with there mother, My son will be 18 soon and has decided to move with me when he graduates. I'm trying to figure out what happens with support. I know I need to file for a downward modification from the 25 % to 17%. But now will the mother be responsible for 17% of the 18 years old. Last I knew she only makes about 16,000 a year. Does the judge consider that she is low income ? Or does she have to pay regardless? Both my children are under my medical plan, I used to pay 52.00 a week for family plan when first divorced. Now my medical is 152.00 weekly. My new wife and new child are under this plan also. Will There be an adjustment based on the increase ?
because of the self reserve support will the judge consider that the mother only works 20 hours instead of 40 my kids are 18 in a month and 14 it's not like they are young and she needs to be home all day
A: David's Answer: If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Additional information
A: David's Answer: If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support
Q: My daughters father stopped paying child support, so csea filed a petition of violation. When my daughters father received the court date in the mail he paid all the money that was due. Do i still need to go to court? Any way to get the court date dismissed.
A: David's Answer: If you are satisfied with his payments, then you can just send a letter to the Magistrate (copy it to the Father) saying you don't wish to continue with the violation case. This assumes the petition was filed on your behalf, however, and not on behalf of DSS (which would be the case if you're on any form of public assistance). Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you are satisfied with his payments, then you can just send a letter to the Magistrate (copy it to the Father) saying you don't wish to continue with the violation case. This assumes the petition was filed on your behalf, however, and not on behalf of DSS (which would be the case if you're on any form of public assistance). Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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