Q: Does the state of NY automatically close my child support case on my daughter's 21 st birthday?
A: David's Answer: They should, assuming there was no valid, written agreement (which was then incorporated into an order) extending the emancipation time. If the order is garnished from your pay, then you want to monitor it closely to verify whether it stops. If it doesn't, then you should immediately do 2 things: (1) file a protest with SCU, which may serve to halt the dispersal of the funds they collected, and (2) file a petition to terminate the order. In any event, should you have follow-up questions, I highly advise that you schedule a consultation with a Westchester Co. Child Support lawyer. -- 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 child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Wednesday, August 28, 2013
My ex- wife is taken me to court 4 support but she has my so and i have my daughter .
Q: i got custody off my daughter in oct 2012 and a suspended order of custody as well ,will i have to pay her support
A: David's Answer: Generally when there is a split custody situation the court calculates child support you would pay to her for the child in her care, and then the court would calculate support she would pay to you for the child in your care. However, you must have your own cross-petition requesting support for the Court to do this. If you do not, then the Court will only calculate support you owe to her. In any event, should you have any follow-up questions, I highly encourage you to schedule an appointment with an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally when there is a split custody situation the court calculates child support you would pay to her for the child in her care, and then the court would calculate support she would pay to you for the child in your care. However, you must have your own cross-petition requesting support for the Court to do this. If you do not, then the Court will only calculate support you owe to her. In any event, should you have any follow-up questions, I highly encourage you to schedule an appointment with an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What does this CPO-D/R implies when placed in the calendar of a court order?. Can you explain??
Q: this is in relation to a child support case. Unfortunately unable to pay due to lack of work.
A: David's Answer: It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. I also encourage you to schedule a consultation with a White Plains Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. I also encourage you to schedule a consultation with a White Plains Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I am a married man who had a child outside of marriage.
Q: The child's mother is now taking me to child support. Why do they want my wife's finical information if she is not legally obligated to the child.
A: David's Answer: They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). In any event, you should consider scheduling a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). In any event, you should consider scheduling a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I had a job wher i was paid 400 a week. i was orderd to pay 50 in child support weekly and 175
Q: i lost my job and go unemployment. 220 a week i then took a part time job for 7.50 an hour and lost 3 days of my unemployment bringing me to 55 a week unemployment and 75 dolars a week on my paycheck . big mistake. i am goin back to court to get a modification. will the judge understand that i was unjustly fired and that i am eligible for 220 a week but since i took a part time job am only recieving 50.. will the judge lower my support and daycare since i make well under 10000 a year and it wasnt my fault i got fired?
A: David's Answer: You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, August 17, 2013
Westchester: Discretionary amount of child support above $136,000 combined income?
Q: Household income = $242,900. He does not want to pay his pro rata share (46%, or $1187 per month) on the income above $136,000. I think he should. We cannot agree, and it looks like this may go to court. How will a judge be likely to rule, given that no other circumstances affect his ability to pay (as per step 11(c) of the child support worksheet, including prior support obligations, etc.). Thanks.
A: David's Answer: What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I file for Child Support if my husband has not moved out yet?
Q: We are finishing up a bankruptcy together and he is planning on moving out in a few months. Then we plan on going to mediation in the mean time I would like to file for child support so he knows what he will be left with and I know what I will get, so that way we can budget moving forward.
A: David's Answer: Generally the answer is no. The reason is that the Court must determine one parent versus the other is the "custodial parent" for child support purposes. If both of you are living together, then you are both, in effect, the custodial parent of the children. An exception may be made if there's an allegation that, despite having financial means to do so, one parent is willfully refusing to help pay the basic necessities of the children. In any event, for a full assessment of your situation, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally the answer is no. The reason is that the Court must determine one parent versus the other is the "custodial parent" for child support purposes. If both of you are living together, then you are both, in effect, the custodial parent of the children. An exception may be made if there's an allegation that, despite having financial means to do so, one parent is willfully refusing to help pay the basic necessities of the children. In any event, for a full assessment of your situation, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Will the court continue to try and serve non custodial parent support order?
Q: They weren't able to by the hearing date, so it has been rescheduled. How long will they try to serve him and at what point do they give up? I don't know where he works and I doubt he would open his door to a stranger.
A: David's Answer: No. the issue is that the Court is not ultimately responsible for service - you are. Thus, the court will only mail out a copy of the summons & if he fails to appear, the Court cannot proceed. You may now need to hire a process server to serve him personally. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No. the issue is that the Court is not ultimately responsible for service - you are. Thus, the court will only mail out a copy of the summons & if he fails to appear, the Court cannot proceed. You may now need to hire a process server to serve him personally. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Sunday, August 11, 2013
CAN I CLAIM BACK CHILD SUPPORT?
Q: I HAVE BEEN SEPARATED WITH MY HUSBAND FOR 9 YEARS. I WANT TO CLAIM CHILD SUPPORT, CAN I BE ABLE TO CLAIM FOR THE PAST 9 YEARS. AND IF SO WHAT IS THE PROCESS.
A: The general rule is no absent a court order or agreement. However, if there were specific debts incurred which are still outstanding, those debts may be claimed as "marital debts" such that he would be obligated to pay his share of. I suggest that you contact me for a free initial consultation - my number is 914-468-0968. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: The general rule is no absent a court order or agreement. However, if there were specific debts incurred which are still outstanding, those debts may be claimed as "marital debts" such that he would be obligated to pay his share of. I suggest that you contact me for a free initial consultation - my number is 914-468-0968. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, August 10, 2013
How do I go about getting a decreased modification of child support in westchester county, New York?
Q: Job assignment to a lower pay grade. Significant loss of overtime which was originally calculated in support order.
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, August 7, 2013
When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...
Q: If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?
A: David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation 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, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, August 3, 2013
I went to court this morning child support collection sereved ex because in rear. Can i get legal aid?
Q: ex owes 292.87. child support unit served paper to him. went to court this morning now have to go back in aug. can i see if i can get legal aid to help me.
A: David's Answer: As the petitioner in a child support matter, you are not automatically entitled to assigned counsel because you are indigent. While I have seen such appointments under the general rubric of "poor person relief," it is quite rare & done only in exceptional cases. To determine whether you need to hire an attorney, you're best advised to schedule a free consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: As the petitioner in a child support matter, you are not automatically entitled to assigned counsel because you are indigent. While I have seen such appointments under the general rubric of "poor person relief," it is quite rare & done only in exceptional cases. To determine whether you need to hire an attorney, you're best advised to schedule a free consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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