Q: My separation agreement, custody, and divorce decree were all through PA court system. I live in NY with my child. I have full custody.Nothing at all was ever filed in NY or PA regarding child support. My ex is threatening to stop paying me our agreed amount when our son turns 18 even though he will have his whole senior year in high school ahead of him. I was told by one attorney that even though I can file through NY for court ordered child support, PA will govern the emancipation age of (high school graduation) because that's where custody was determin.ed. I would like to get support until he is 21. Also I pay for his insurance coverage. My ex wants to just abandon us. We won't be able to survive without child support.
A: David's Answer: Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into 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.
Friday, May 30, 2014
Keep getting Child Support from NC through CSE even though child is over the age of 21.
Q: I live in NYS and my daughter just turned 21 within the past month. I am still receiving child support payments (around $200 a month) from CSE even though the account is up-to-date, in fact I just checked the acct. and there is now a credit of $250 for the NC. There is no termination date on the court order. The NC and I are estranged and I have no idea where he lives. How does support end in cases like this? Do I keep cashing the checks (my daughter is in college and uses the money for expenses) until they stop coming from the state? If I do cash the checks will I have to pay the overpayments back? What is my legal responsibility?
A: David's Answer: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... 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: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Am I responsible for my stepson's unpaid co pays and deductibles?
Q: He is currently 21. He has never lived with us but since my husband was on my policy and legally responsible for medical insurance. We added my stepson about 10 years ago. I am the subscriber of the medical insurance.
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 24, 2014
Does child support go up when a child turns 11?
Q: I currently pay child support to my ex for my 6 year old son. I read that once a child turns 11 child support can be increased. Is this true and if so how much?
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My brother been in customs on way his way back into the country, he owes back child support over 50k, what's going to happen?
Q: In Miami customs coming back from a vacation to Honduras, he has been on child support for over a decade is he going to jail???
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, May 21, 2014
After completing order to show cause and contempt affidavit what is my next step in filing with Supreme Court?
Q: I'm non-custodial parent and overpaid child support obligation which my ex-spouse is refusing to pay ignoring preliminary hearing order, stipulation of agreement, judgment of divorce, and order on consent.
A: David's Answer: You would now simply submit the order to show cause, affidavit & exhibits to the Court clerk for filing. The Judge should sign it, give you a return date & direct the manner of service. You'll then be responsible for serving in on your ex. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would now simply submit the order to show cause, affidavit & exhibits to the Court clerk for filing. The Judge should sign it, give you a return date & direct the manner of service. You'll then be responsible for serving in on your ex. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do I proceed with Enforcement of a child support order in the family court and what documents are required?
Q: I was directed to pay all utilities on the marital residence pending child support income enforcement. The preliminary hearing order as well as the stipulation of agreement including a subsequent order on consent which null and voided all wrongfully assessed arrears clearly ordered all monies overpaid to be returned to me the non-custodial parent. My ex-spouse is refusing to reimburse me therefore I am seeking relief.
A: David's Answer: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. 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: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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