Tuesday, December 31, 2013

Iam 63 years of age, im disable an on ssi and retierment income of 800 $ pay 775. rent i owe 1100$ in back child support

Q:  can they take 300$ out of my ssi check ? i have not got a thing but the room iam in . if they do i have to live in the streets. i have canser, i had 7 mager opts and diabetic foot .hept c liver problems. my son is now 37 .

Additional information
i forgot to say the 1100 $ is a judgment against me from about 20 years ago .

A:  David's Answer: A garnishment can indeed be entered on your SSI check. That said, you probably fall below the "self-support reserve," which is the minimum amount the law states you must be left with after deducting the child support. You can make an application to SCU to reduce the amount of the garnishment - and if unsuccessful there, you may file a petition with the Family Court.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I have to pay CS in NY for a 19 YR old son.He has graduated and works full time ,making more money then me .Can it be dismissed?

Q:  he still lives home with his mother

A:  David's Answer:  The issue isn't merely whether your son has a job - the issue is whether he is completely self-supporting. In other words, does he make enough money to live on his own if he chooses to? Be prepared to show the Magistrate what average rental prices are for a 1-bedroom apartment in your area, as his expected expenses will need to be contrasted with his income. Schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Does suspend child support start at petition date or judge agrees date?

Q:  my ex has alienated me from my children. my children do not want to see me however they are twin 10 year olds. my ex has full custody because I was given bad advice from my first lawyer. I have another lawyer now. my ex was found in contempt of court and violated the custody agreement many times over. I have filed that I should not pay child support until regular visitations resume. when the judge supports my petition to suspend child support while we work on getting regular visitations (there are none now at all) does that start from the date we filed petition to suspend child support (as we said in petition) or does it only start on the day that the judge authorizes our petition?

A:  David's Answer:  Generally relief is granted retroactive to the date of your petition. If you wish to make the argument (likely to be unsuccessful in any event) that relief may be granted prior to that, it should have been alleged in your petition. That said, any implication by other attorneys that you cannot get a reduction or suspension of child support based on the custodial parent's willful violation of visitation is simply dead wrong. There is a plethora of appellate cases from all around the state which supports your argument (see, e.g., Lew v. Sobel, 91 A.D.3d 648, 936 N.Y.S.2d 554 (2d Dept. 2012)). Schedule a consultation with a Rockland/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Saturday, December 21, 2013

Social Security Disabled Child

Q:  One of my children is 23 years old. Been advised to apply for SSI. If I receive child support for this child (I have been divorced for quite sometime), will that impact the child receiving SSI? Child has had disability since at least age two, if not earlier.

A:  David's Answer:  No, receipt of social security does not impact child support. That said, my question would be until what age does the divorce agreement provide for child support to continue? Schedule a consultation with a Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I personal send subpoenas to banks for my exes statements for child support case?

Q:  Don't trust him to produce appropriate documentation so I want to subpoena all record from credit cards and bank accounts for our next child support case.

A:  David's Answer:  You cannot serve same personally. Not only must the subpoena by signed by an attorney or by the clerk of the court, but someone else who is at least 18 years of age must be the person to conduct service. Schedule a consultation with a Child Support attorney in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can i re petition my ex back for more child support while my custody case is on going?

Q:  currently I am scheduled for trial for custody. But when my child support case was going my ex cut back on his hrs. So that i couldn't get the full child support that i was due to get. Now that the support case is closed he's back to working his original hrs.

A:  David's Answer:  How long ago was the support case done? If it hasn't been 3 years, then you will need to prove that the increase of his hours has also caused a "significant" increase of his income (generally 25% or more). Schedule a consultation with a Child Support attorney in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my ex-wife signs a paper giving me my kids for six months a year do I still have to pay her child support?

Q:  we just got our divorce and now my ex-wife wants to change the visitation from me having my kids every summer to me having my kids for six months a year when I told her I would take it but would not pay her child support she said I would have to. she is willing to sign a notarized paper but I don't feel I should have to pay her still if I have them for that long and I should be able to claim them on my taxes for those six months. also she is on social services should she change that also if they are with me that long if she does not can I get in trouble for having them. in the divorce I am paying her child support but not for the summer when there with me

A:  David's Answer:  You can file a petition to reduce the child support, but generally if you have shared custody you would still need to pay some support if you earn more than her. You should first use the notarized letter to get a modified custody order, then move to modify child support. Schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How does someone go about collecting delinquent alimony and child support.

Q:  My girlfriend's ex has not been current with his support and maintenance payments for some time. He has been running one month late on his payments for several months. Now he has refused to pay this month, effectively making him 2 months in arrears. He has recently filed to have alimony modified and/or terminated. My girlfriend cannot afford an attorney as she can barely pay her bills because of these delinquent payments. How does she go about seeking a remedy to this issue? Also, her ex is himself an attorney and should realize the ramifications for non-payment. Could his refusal to pay have any consequences on his law practice?

A:  David's Answer:  You can file an order to show cause to reduce any arrears to a money judgment. You can then use the judgment to enter a garnishment on his wages and/or seize his bank accounts. Schedule a consultation with a Westchester/Rockland Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay child support for a child thats not biologically mine.

Q:  The child is eight years old, the mother went on public assistance, I signed acknowledgement of paternity 4 yrs after he was born.....not knowing the repercussion..and I paid for the dna test, and showed the results........

A:  David's Answer:  If you signed the acknowledgement of paternity & failed to move to vacate it within the prescribed time, then it doesn't matter anymore than the child isn't biologically yours. That said, the worse that happens is the court says no, so you can always give it a shot. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Wednesday, December 18, 2013

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 (www.blivenlaw.net)

Saturday, December 14, 2013

Time Limits on Requesting a DNA (Paternity) Test

David Ivan Bliven

Many fathers unwittingly sign the "acknowledgement of paternity" form when their baby is born, not realizing that this form then puts a time limit of 60 days (generally) as to when they must request a DNA test.

1 - 60 days - or be prepared to prove fraud (or some other ground)

Generally, when a new father signs the acknowledgement of paternity, he generally has up to 60 days to move to revoke the acknowledgement by asking for a DNA test. If he does not, then he must generally prove "fraud, duress, or material mistake of fact." This requirement is usually not satisfied by claiming "she told me the child is mine & now I have doubts."

2 - If you have even a 1% doubt you are not the father, don't sign the acknowledgement

Many hospitals push both forms in front of the new parents & ask the father to sign both. Sometimes nurses mistakenly explain that the father must sign the acknowledgement of paternity in order to have his name placed on the birth certificate. This isn't true! The mother can put down anyone's name as the father on the child's birth certificate - placing the name on the birth certificate (in itself) does not establish paternity rights. Thus, if you have even a small doubt as to whether you are or are not the father, don't sign the acknowledgement of paternity. Just have the mother list your name on the borth certificate (if you both want it) & then go back to celebrating. You can always sign the acknowlgement of paternity at a later time.

Ordered to pay child suppt arrears a few yrs ago but I was at Fedl Poverty Level. Is there a statute of limitations?

Q:  I'd like to have it appealed but dont know if it's too late.

A:  David's Answer:  If the arrears were reduced to a money judgment, then the statute of limitations is 20 years. That said, most of the time, the money judgments are simply folded into subsequent judgments, so it's really 20 years from when the underlying order expires (i.e., generally 20 years after the youngest child turns 21). Additionally, you generally have up to 30 days from notice of entry of the order to file an Objection appeal. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

One parent with two different child support cases.

Q:  I have two daughters with my first wife and one daughter with my soon to be ex -second wife. I already have an order for my two eldest children and will be going to court in two weeks for my youngest. Will the judge take into consideration that I have 50/50 custody of my first two kids? I pay very little to my first ex since she and I make similar incomes. How is the second case determined? Any help is appreciated. Thank you

A:  David's Answer:  Yes, the Magistrate should consider the prior order. Be sure to bring with you both the order & the proof you are paying same. It should then be subtracted off your income before the Magistrate calculates support for the 3d child. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Saturday, December 7, 2013

Save now for college - or pay alot in child support later!

David Ivan Bliven

Start saving now

I had a potential client walk into my office & say the Support Magistrate was about to assess him with a share of his son's college tuition - in addition to paying basic support. He said the tuition was $20,000 per year, and thus his share was $10,000. He said he didn't have $10,000 to give, in addition to paying the basic support. Having fully reviewed the facts with him, my basic conclusion was: he's screwed! He didn't save all along & could have reasonably anticipated his son would go to college. He otherwise had the financial means all along to put aside a small amount of money - which over the years would have built up enough to pay. He didn't do so, and thus is now being hit with the large bill.

Lesson: Start a 529 plan

As such, the lesson is to start a 529 plan today while the child is relatively young. You get a tax deduction for the amount you save - and thus won't have a large bill you can't afford to pay when they turn 18 and go off to college. NY Child Support law generally requires a parent to pay their share of college in addition to basic support so long as (a) the parent has the financial means to do so (or had such means & just foolishly failed to save), (b) attendance at college could be reasonably anticipated.


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)

How do I go about getting the back child support that is owed. The state is not doing anything

Q:  He is doesnt have a license so taking it away is not an option. He doesnt care that he owes this money and refuses to pay

A:  David's Answer:  You would need to file a violation petition with the Court which issued the order (presumably Rockland Family Court). There are many other options other than license suspension, such as garnishments, freezing his bank accounts and/or seizing assets. You should schedule a free follow-up consultation with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Wednesday, December 4, 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)