Saturday, July 27, 2013

Over paid on childcare in past 5 years, petition filed 2 months ago. Can I get reimbursed for the over payment?

Q:  My child has not be in child care in the past 5 years. Can I get reimbursed for the payment made for childcare?

A: David's Answer:  I disagree with the opinion that you can't get reimbursement for this. There is certainly a general rule that overpayment of basic child support cannot be reimbursed. However, recent caselaw has crafted an exception for overpayment of add-on expenses, such as unreimbursed child care. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (

Saturday, July 20, 2013

I threw my 18 year old child out because of drugs use, not going to school and risky behavior. Do I have to pay child support?

Q:  She is living with her boyfriend and family.

A:  David's Answer:  Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (

Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc

Q:  I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.

A:  David's Answer:  I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case.  -- David Bliven, Westchester Child Support attorney (

Wednesday, July 17, 2013

Do New York state make you file for child support if you collect section 8 housing

Q:  Does section 8 have the right or authority to make someone file for child supoort in new york state

A:  David's Answer:  It's not a matter of whether they "make" the custodial parent file, it's whether they have a right to file on your behalf. If the child is not on a cash budget, then the answer is that they generally do not file on this basis. For a full assessment, schedule a consultation with a Rockland/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (

Saturday, July 13, 2013

Do i have to pay child support if my son joins the military

Q:  and how do i prove that he did?

A:  Daivd's Answer:  You would need to file a petition to terminate the support if he does enlist. This would generally be a basis for emancipation. You may verify enlistment here: or via Dept. of Defense's website. You should also contact an Orange/Westchester Family Law attorney to schedule a consultation for a full assessment. -- David Bliven, Westchester Child Support attorney (

Wednesday, July 10, 2013

My daughter in law lives in aruba. has child 6mths old. father is nyc cop. how can she get child support?

Q:  they were married 1 yr ago.

A:  David's Answer:  She can file the proceeding in Westchester Family Court - so long as he resides in New York, then that state would clearly have jurisdition over him to proceed on the support matter. She may also wish to consider filing for divorce, as she may qualify for spousal support as well as asset distribution (though probably not that much given the short-term duration of the marriage). In any event, have her schedule a phone consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (

My ex husband who has as annuity through a prior employer is seeking to have his support payments lowered.

Q:  In our divorce agreement, the judge ordered any and all support arrears to be taken out if his annuity, and he must provide all information to the SCU to effectuate same. We go back to the Support Magistrate next Tuesday. A Supreme Court judge decided the final terms of support, which my ex agreed to. From what I understand, a Support Magistrate cannot over rule or over turn a Supreme Court judges ruling and I can request a "Willfulness" hearing and bring the matter back in front of the Supreme Court Judge. advise. My ex is currently in arrears for well over $5,500. Please advise.

A:  David's Answer:  The Magistrate cannot vacate arrears once they accrue. That said, it's possible the Magistrate can grant a downward modification of the support, assuming there is a proper application for same filed by the father. And yes, you can request a willfulness hearing, but the hearing itself will take place before the Magistrate, not before the Supreme Court Judge. In any event, for a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (

What is a Amended Petition? Do i really need one for a existing Enforcement & Modification of another court.judge gave me option

Q:  I Already have a decison support order in existence now, when my spousal support ended in the 3 year span,since the judge from that county could not set a set price for child care,they incorperated it into the spousal support, problem is when the spousal support expired in august 2012, so did the childcare. Child care was not disucssed in the divorce papers final decisons, but it states it clearly in the court order.It states once the spousel support was terminated,it needs to b recalculated. The only child we have is special needs. This court order was issued in orange county,Ny,& is now being reinforced & modified in westchester county,ny.Judge suggusted if i want to get a amended petition too. If i do this would it be wise,& what would i exactly Phycially bring to specify to the courts?

Additional information
I am a single parent of a special needs child. I am also searching for a probono attorney or agency in the westchester county that i can speak to in refrence to this already existing Enforcement & Modification of a support order from another county, does anyone no of any? It would be eternally grateful!!!!!! THANK YOU

A: David's Answer:  An amended petition simply adds a cause of action and/or allegation to an existing petition. As to whether that's your best route, one would need to know what petition, if any, is pending before the Court currently. Thus, schedule a consultation with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

Saturday, July 6, 2013

Can I be sued for child support if I marry someone with a child?

Q: This person has a young child but wants to marry me. If I decide to marry this person, can I be sued for child support too?

A: I assume you mean "Can I be sued for child support by my soon-to-be-spouse's ex?" The answer is no, not directly. It may behoove you to have a pre-nuptial agreement drawn up specifying what property or assets are yours. In the event your spouse falls behind in child support, his/her ex may try to execute judgment against any property s/he has, which arguably may include marital property.  -- David Bliven, Westchester Child Support attorney (