Q: they already take money out my check for back child support.
A: David's Answer: If they have a money judgment, then any arrears owed can trigger a restraining notice on your account. If you have more than $561.18 in the account, it may be best to cut a deal with them. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- 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, March 14, 2015
Wednesday, March 11, 2015
Can I sue my ex to terminate deferred child support, now that children are grown and she withheld them from me in violation
Q: I am divorced 20 years and paid reduced child support of 800 a month for 20 yrs (200 month was deferred, which I have now been paying for 7 years, half the sum due). Ex lives out of state and never allowed visitation but I continued to pay. Kids are now in mid 20's and I have no relations with them due to her violation of decree even though I have lived up to every stipulation. Is it possible to sue her to terminate the remaining sum due now since it wont affect the kids, is only for her benefit and she violated every single stipulation without regard for the law or the damage she's done to me.
A: David's Answer: First, you'd no longer be able to bring up the issue of emancipation as a defense, as the children are already over 21. As for her violating the stipulation, a fuller assessment would be needed as one would need to know (a) what the violations were, and (b) whether you sent a default notice letter to her addressing each & every violation. Schedule a consult with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you'd no longer be able to bring up the issue of emancipation as a defense, as the children are already over 21. As for her violating the stipulation, a fuller assessment would be needed as one would need to know (a) what the violations were, and (b) whether you sent a default notice letter to her addressing each & every violation. Schedule a consult with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Friday, February 20, 2015
How much maintenance and child support can be legally deducted in New York State?
Q: My fiancé is divorced. His ex wife has been cohabiting wih her boyfriend since May 2014 but they are not yet holding themselves out as husband and wife. He was awarded a $500/month modification but still pays his ex wife 88% of his salary for maintenance and child support. He works approximately 60-70 hours a week, and in addition pays for health insurance for boh children and for college, auto and cell phone costs for his older child. His ex wife is perfectly capable of working yet refuses to do so. Her boyfriend is paying the bills on the house my fiancé built and she continues her excessive lifestyle. Are there laws in place that state what percentage of someone's income can be legally drawn for maintenance and child support? He even had to declare bankruptcy. It doesn't seem kosher.
A: David's Answer: Yes, there are guidelines for child support & maintenance in NY. You can access the child support calculator here:http://www.nyc.gov/html/hra/html/services/child..., and the maintenance calculator here: http://www.courts.state.ny.us/divorce/calculato.... And while the maintenance calculator only technically governs interim maintenance awards, it nevertheless put you n the ballpark of what the court will award either on a final order or post-judgment determination. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Yes, there are guidelines for child support & maintenance in NY. You can access the child support calculator here:http://www.nyc.gov/html/hra/html/services/child..., and the maintenance calculator here: http://www.courts.state.ny.us/divorce/calculato.... And while the maintenance calculator only technically governs interim maintenance awards, it nevertheless put you n the ballpark of what the court will award either on a final order or post-judgment determination. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, February 11, 2015
How to get court to have custodial mother document actual working hours.
Q: I have reasons to believe the Custodial Mother (CM) is submitting fraudulent expenses for daycare (of which I have a pro-rata share of 57%) Daycare provider is a neighborhood minor, not a licensed provider or facility. Have been unable to make contact with provider to verify hours/days.
CM has testified in earlier proceedings her employment is itinerant in nature, without set days or hours. Can she be compelled to provide verification from her employer to accompany daycare expenses? Would I do this by Order to Show Cause, or a Modification Support order? Can I request that all daycare expenses be paid by check and only reimbursed when accompanied by cancelled check AND verification of days/hours worked? Am a pro-se Non Custodial Dad.
CM has testified in earlier proceedings her employment is itinerant in nature, without set days or hours. Can she be compelled to provide verification from her employer to accompany daycare expenses? Would I do this by Order to Show Cause, or a Modification Support order? Can I request that all daycare expenses be paid by check and only reimbursed when accompanied by cancelled check AND verification of days/hours worked? Am a pro-se Non Custodial Dad.
A: David's Answer: The Court wouldn't generally "require" her to produce certain kinds of evidence. That's on you to request, either by subpoena or disclosure demands. You would do so within the context of a modification proceeding. Schedule a consult with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, January 17, 2015
DISMISSED WITH PREJUDICE/DISMISSED W/O PREJUDICE - CHILD SUPPT ARREARS
Q: Modification Petition from Suppt. Magistrate was dismissed with Prejudice (child suppt. arrears). Then on last page of Order of Dismissal it states that it is ORDERED that the petition herein is dismissed without prejudice. What does this mean? Does it mean that objections can be filed with a Judge? Can I go to Court of Appeals after that?
A: David's Answer: You can (almost) always appeal a final order - regardless of whether it's "with prejudice" or "without." "With Prejudice" means you cannot re-file the same petition with the same set of facts again. That said, denial of an Objection appeal to a Judge then would be appealed to the Appellate Division, then (if necessary) to the Court of Appeals. Schedule a consult with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I received a Decision Order from the Support Magistrate on Sept 8 saying that I no longer have to split babysitting with my ex
Q: ....since my daughter is over 13. A few days later my ex submitted an Objection. I submitted a Rebuttal on October 10. My ex then submitted a Reply Affidavit on October 15. I ignored it, but I haven't heard back from the court and it's now 3 months later. My ex owes me almost $1,000 for the time between my original petition and when the Decision Order was signed. What should I do?
A: David's Answer: While the Judge generally has up to 60 days to render a decision, this time frame is routinely extended due to either backlog, the Judge waiting for transcripts to come back, etc. You can always try calling the Court Clerk just to confirm they have received everything & passed it along to the Judge. Schedule a consult with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: While the Judge generally has up to 60 days to render a decision, this time frame is routinely extended due to either backlog, the Judge waiting for transcripts to come back, etc. You can always try calling the Court Clerk just to confirm they have received everything & passed it along to the Judge. Schedule a consult with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Are temporary orders of support in regards to child support and maintenance usally be perminent once the judge rules in trial?
Q: I was just curious what the liklyhood that the temp. order of child support and maintence can be reduced? also if they requested i pay lawyers fees and the judge just ordered 12.5% of thair request in the temp order, would that same trend of 12.5% follow once the judge rules in trial for any additional lawyers fees the other side may request?
A: David's Answer: Let's put it this way, the side who wants a change in the temporary order must ultimately prove that change at trial. Thus, they must develop a basis for the change thru the process of disclosure. If they don't, then the Judge will most likely stick to something close to the temporary order. Schedule a consult with a Rockland/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Let's put it this way, the side who wants a change in the temporary order must ultimately prove that change at trial. Thus, they must develop a basis for the change thru the process of disclosure. If they don't, then the Judge will most likely stick to something close to the temporary order. Schedule a consult with a Rockland/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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