Q: I had my ex husband in court on Sept. 25, 2013 for a Willfulness Hearing for not paying his court ordered child support.
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?
A: David's Answer: While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment. -- 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.
Saturday, October 26, 2013
Why is a man more likely to pay child support on time
Q: Why is a man more likely to pay child support on time, if the mother makes sure her daughter sees her daddy every day and makes sure that he has a very good relation ship with his daughter, than a women who interferes with his parental rights? Her daughters lives with her mother, but spends more time with her daddy than with her mother. She has a very good relationship with her daddy.
A: David's Answer: I'm not sure that's true, but your question is more of a sociological question than one asking for legal advise. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure that's true, but your question is more of a sociological question than one asking for legal advise. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
If my original order of support says i have to pay until hes 18 but they changed the law until 21 do i have to pay
Q: i am in new york and the law just changed a few years ago and i'm curious how this will work
A: David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
If my daughter decided she wanted to file for child support from her dad, would I also have to pay?
Q: Our daughter is 19 and in college. Her father and I have split up. Her home when she's not in school is my house. If she decided to file for child support, would I have to pay into it?
A: David's Answer: Generally-speaking, no. You would be considered the custodial parent for child support purposes. For a full assessment, schedule a consultation with an Orange/Westchester Child support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally-speaking, no. You would be considered the custodial parent for child support purposes. For a full assessment, schedule a consultation with an Orange/Westchester Child support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, October 19, 2013
Interrogatories- Child Support My ex served me a list of interrogatories to answer and I provided all information requested.
Q: I then served my ex with the same list. When I received my ex's answers, the notarized financial affidavit she submitted states she pays rent each month but on the list of interrogatories, she noted that she could not provide a lease. If she is stating that she pays rent each month, shouldn't she be able to provide a lease just as I have? I know she lives with her parents so maybe they have an agreement. Could that be why she isn't able to provide a lease?
A: David's Answer: It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. 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: It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Over payment on my child support account
Q: I have an over payment on my child support account and I requested a refund of that amount and was told that it was denied because the over payment is less than the obligation amount and that one payment needs to remain on file? Is this correct because is doesn't make any sense
A: David's Answer: Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, October 16, 2013
Do i need to go back to court?
Q: Am i responsible for 100% of day care costs as a non custodial parent, when my childs mother is currently employed full time? As of now, it states nothing in the order regarding education. Just that i must provide medcal insurance if available with the 80-20 split.
A: David's Answer: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net
A: David's Answer: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net
Wednesday, October 9, 2013
Should he ask for the children to be giving a lawyer for his case
Q: I have a friend who is going through a divorce and his wife wanted him to have supervised visits because his girl ages 6 and 2 have not seen him in almost three years. with his lawyer he agreed to the visits to see his girl this would be the only way cause she was not allowing him to. the first visit the girl ran to him and were happy she cancelled the next visit then this visit they change the younger daughter cried for her mom the oldest would not talk out loud she only whispered to him. I told him he should ask his lawyer to have the courts give the girls a lawyer something is wrong. the mom has no job and just lost her apartment she refuse to let him know were they live he pays $500.00 a month in childsupport. she has a court ordered lawyer cause she could not pay.
A: David's Answer: Preliminarily, you posted this under the category of "child support" - you may get better replies if you re-post this under either "divorce" or "child custody." That said, to get a lawyer appointed for the children his lawyer would need to file for a preliminary conference & raise the issue with the Judge. For a full assessment, schedule a consultation with a Rockland/Westchester Divorce attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Preliminarily, you posted this under the category of "child support" - you may get better replies if you re-post this under either "divorce" or "child custody." That said, to get a lawyer appointed for the children his lawyer would need to file for a preliminary conference & raise the issue with the Judge. For a full assessment, schedule a consultation with a Rockland/Westchester Divorce attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
In regards to NYS child support, does my new wife's pay check affect my support? I am disabled and not working
Q: I have become disabled and have applied for SSDI, I am currently receiving LTD. My job has terminated my position because my MD will not allow me to return to work. I need to file a modification of support because my income is strictly disability. Also I want to put my children on my new wife's insurance plan is that ok? SSDI has informed me my daughter will receive a check once I am approved, does that effect my support?
A: David's Answer: You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How long do you have to serve the other party if you file a support modification?
Q: Our hearing is in 4 weeks and not served yet. Can I have someone else serve him by mail?
A: David's Answer: While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do you prove to the court that a NCP is voluntarily reducing his work hours so that he can reduce his child support?
Q: My ex doesn't like the child support orders, so he has been reducing his hours at work and not working any OT so they can't take out the full support amount and his income looks lower.
He is doing side jobs for extra money, cashing out his 401k with large withdrawals, and selling stuff all with the intent to bring extra income that he won't disclose to the courts, but bringing a modification request only disclosing his lower income.
A: David's Answer: His problem will be that ALL income counts for support purposes, and that includes draws from one's retirement. Moreover, if he wants to be successful with the argument that his overtime was reduced, he'd need to (at the least) provide an affidavit from his employer saying his overtime was reduced thru no fault or request of his own. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
He is doing side jobs for extra money, cashing out his 401k with large withdrawals, and selling stuff all with the intent to bring extra income that he won't disclose to the courts, but bringing a modification request only disclosing his lower income.
A: David's Answer: His problem will be that ALL income counts for support purposes, and that includes draws from one's retirement. Moreover, if he wants to be successful with the argument that his overtime was reduced, he'd need to (at the least) provide an affidavit from his employer saying his overtime was reduced thru no fault or request of his own. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can a non-custodial parent file for a child support modification when a divorce action is still pending in another state?
Q: I have a NY child support order from 07/12 and still have a divorce pending in WA state. I was awarded an order of default because of his failure to provide discovery but the divorce decree is still not signed and yet I found out a few days ago he filed for a child support modification in NY already.
A: David's Answer: If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, October 5, 2013
What should I expect at child support hearing?
Q: I recently filed for child support and my hearing is on November 7th. I tried to work out with my daughter's dad but I am only receiving $30 for health insurance reimbursement and $120 a month for afterschool (essentially $30 a month). He offered an extra $200 a month and suggested I not go to court as they will not make him pay more than he can. We have joint custody but I have my daughter 5-7 days (depending on alternate weekends), I pay for doctor's visits, clothes, food, breakfast/lunch by myself, laundry and anything additional. What should I expect when I go to court? I am nervous about going as I make more than he does but I need help. I cannot do all of this by myself.
A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
I live in NY and need to fill out financial affadavit. Do I include child support for other children as income?
Q: I have 1 child from previous marriage and father is seeking child support. I have 2 other children that live with me that I support. Do I include the child support for the 2 other children as income on my financial disclosure statement. How do I fill this form out correctly.
A: In brief, the answer is yes, you should disclose receipt of the other income. As for additional questions you may have on filling out the affidavit correctly, you should follow-up with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: In brief, the answer is yes, you should disclose receipt of the other income. As for additional questions you may have on filling out the affidavit correctly, you should follow-up with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can my ex wife stake claim to my new wife's income
Q: I am disabled and so is my ex wife spousal support ended with me becoming disabled. Can my ex wife try to receive any money from my new wife
A: David's Answer: It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Can I sue a woman for money I spent on her child thinking that it was ours?
Q: If I were to find out that a woman has been lying to me for months leading up to the birth of who I thought was my son and 7 months after having me believe he was mine and I've spent thousands of dollars on him would I have a strong enough case to sue her for the money I spent under false pretenses? Is this something I could actually take to court?
A: David's Answer: Probably not - but this would not be a "Child Support" issue, so I would suggest to re-post your question to a general litigation attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Probably not - but this would not be a "Child Support" issue, so I would suggest to re-post your question to a general litigation attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Thursday, October 3, 2013
Child Support Modifications..
Q: My husband pays his ex $70 a week for child support. Plus an extra $10 for child care that shes does not pay for. Her mother confessed she doesnt charge her. She does not pay rent etc. Live with her mom. Anyways my husband was making $300 a week as a roofer. Yes hes illegal. He was laid off due to the weather. During fall nd winter tgey dont work. Hes scared to get it modified due to him not being legal (btw neither is she). Now im stuck pay $80 a week. I have 2 children of my own that I need to provide for. What type of proof does he need to take to the court to get those payment reduced till april/may when he starts working again. Will it get approved?. I cant afford to buy diaper..food. for my boys.
A: David's Answer: First, he should file a petition to vacate the child care provision. He can then seek to subpoena the child care provider if the mother maintains that she still incurs said expense. Second, to lower the support he will need to prove to the court he's making a diligent effort to find new work. I do recognize this is difficult to do when he works off-the-books. He's best advised to consult with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, he should file a petition to vacate the child care provision. He can then seek to subpoena the child care provider if the mother maintains that she still incurs said expense. Second, to lower the support he will need to prove to the court he's making a diligent effort to find new work. I do recognize this is difficult to do when he works off-the-books. He's best advised to consult with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My Child Support has a balance???
Q: I went to court and my arrears balance was waived and set to zero (with agreement w/of the child's mother) Now i went to court September 19th and I called into the Child Support Help Line a week later the the adjustment wasn't done yet... I called today and was told the adjustment was made on September 30th... But I was also informed that I have a balance which doesn't add up when everything was suppose to be set to zero. How can I go about disputing this?
A: David's Answer: You would need to request an "Accounts & Records" Statement from SCU and then compare their numbers to the court order. If there is an inconsistency, then SCU has a dispute form that you can fill out & submit to them. If the dispute does not get resolved, then you have a right to challenge their determination via an Art. 78 proceeding which is filed in Supreme Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would need to request an "Accounts & Records" Statement from SCU and then compare their numbers to the court order. If there is an inconsistency, then SCU has a dispute form that you can fill out & submit to them. If the dispute does not get resolved, then you have a right to challenge their determination via an Art. 78 proceeding which is filed in Supreme Court. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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