Child support magistrate committed crime by falsify my annual income buy14,000 so that the petitioner could get more money

Question: I gave my income $6,600,,She wouldn't give her decision at the hearing.3 day's later I get my support order reading that my annual income was $20,800 .She did this with no prove whatsoever.I believe she has committed a crime under 37.09 line (2) of the penal code. Can I have her charged and what do I need to do to charge her.She falsified documents with knowledge that it would change the out come of a official proceeding.This a c class mis. border line felony.Please tell me what I can do,thanks will

David's Answer: No - your remedy is to file an Objection appeal. Bear in mind such appeals must be filed within 35 days of the date the Court mailed you the order. You also have an obligation to order & produce to the court transcripts of all the proceedings held before the Magistrate. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay these child care expenses.

Question: I have a child support ordered for my daughter,. I've been paying good and I do have included in the support if there are child care expense I have to reimburse her 50%. At the time she didn't have expense because her mother babysitters her. Now she mailed me a lot of money orders dated back from Sept stating she pay 80 a week to her neighbor to watch my daughter. It's about $700. Do I have to pay this far back? Or did she have a certain time limit to give these to me.

David's Answer: If the order doesn't specify otherwise, you'd need to pay these amounts. That said, I'd suggest you file a modification petition to get the "30-30 rule" inserted into the order - in a nutshell, it means she has to get you the receipts of any unreimbursed expense within 30 days or it's waived, while you'd have 30 days to pay or else be considered in default. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I file a child support modification

Question: I recently asked the court to order my daughters, father to add her to his insurance. Because he went from a single to a family plan, the judge deducted the amount he would pay for support and credited him that money towards the extra cost he incurred for changing plans. However, the insurance plan he has is the same amount wether u insure 2 people or 10, and I recently found out he added his wife and her daughter to that plan as, well. Can I ask for my child support to be set back to the amount it was, before because I do my feel it's fair he is paying less for support for my daughter if other people in his house hold are benefitting from the same plan?

David's Answer: I think you have a fair shot to do so, yes. File a modification petition with the Family Court & get him served. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child's father was committed to jail for 45 days for back support of $10,000.00. He could pay $3,000 to get out.

Q:  He decided to serve the 45 days so he would not have to pay anything.. He just was released. How do I get the back child support.

A:  David's Answer:  You'd need to pursue the other collection methods - income garnishment, bank account/asset/property seizure, tax refund intercept, etc. You can keep re-filing violation petitions every 4-6 months to get another judgment as well as for the Court to consider putting him back in jail. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I need a lawyer to get back all child support payment that was made when I surrendered my parental rights?

Q:  I surrendered my parental rights back in 2009 on 2 of my children and I was paying child support by garnishment of my check by DSS, Family and Children Services. My kids were in foster care since 2006 of September. My checks are still being garnished.

A:  David's Answer:  You'd need to immediately file a petition to terminate the support order. As for the back money, Family Court cannot refund money already dispersed. You would thus need to sue the adoptive parent (assuming they received the funds) in civil court. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I be forced to pay child support?

Q:  I live in New York State. I am the father of two young boys 11 and 13 years old. I won full physical custody of my boys in December of 2013.I make $115,000 a year. My ex wife makes 27 thousand dollars per year.in our custody agreement it states that I am NOT to seek child support until April of 2015.I want to file for child support come April of 2015. However I have been told that I may be instructed to pay child support because of the disparity in income between the both of us. Could this ever happen?


A:  David's Answer:  That depends on the exact phrasing of the custody agreement - if it's shared custody (meaning 50-50%), then you may have to pay some child support to her as the higher-earning parent. If it deems you as the primary residential parent, then there's no way you pay child support to her unless the custody arrangement is modified. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

NCP not paying ordered child care support stating "inapplicable service fees" as the reason. Does he have legal standing?

Q:  I pay a babysitting service company $20.00 each time the babysitter comes to my house for work. I also pay a 6 month contract fee of $100 to have the babysitter's available to me from this company. In addition, I pay the babysitter directly for her time. Non-custodial parent is arguing the $100/6 mth fee and the $20.00/per visit charge is "inapplicable service fees" and therefore is refusing to pay me for the incurred expenses for 50%, court ordered child care. Is he correct? Also, court ordered is 50% activity expenses for children. Children attended summer camp but were away from the camp during non custodial's parenting time for 10 days. The camp does not prorate for this absence. Non-custodial is refusing to pay for his 50% of camp cost during the time children were with him.


A:  David's Answer:  I think the NCP loses on both counts. While the issue of the babysitter surcharges is a closer question, I think the odds are in your favor. Thus, you should send him a default notice letter requesting that he put the arrears, or else. If he fails to, file a violation petition. Schedule a consult with a Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Am I entitled to an increase in child support ?

Q: I'm custodial parent in June me and the kids mother came to an agreement that she would only pay $50 a week in support for 2 children. We agreed out side of court and then made it official with the court. Which at the time was fine because I was making "good" money . But now 6 months late my hours were dropped 20 hours each week and just after I purchased a home to accommodate the children need more room. I used to work 60 hours and now im only working 40 hours . Will the judge likely make her pay what the child support standard acts say she should be paying if I requested and increase?

A: David's Answer: The standard for modification is if you've either had a substantial change of circumstances and/or a 15% change of income. Assuming the cut in hours not thru any request or fault of your own, and further assuming this resulted in a significant decrease of income, I feel you have a good shot to modify upward. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex and I split unreimbursed medical, including orthodontia. My daughter now tells me the recently chewed up retainer is my

Q:  ex's fault, and my ex claims to have accepted the blame in my presence just to smooth things over. (The dog got to it.) Do I need to split the cost of the retainer in this instance, even though the mangled retainer seems to have been my ex's fault?

A: David's Answer:  Communicate with your ex on the issue. If your ex accepts that s/he will pay 100% of the retainer cost, then capture that with a confirmation e-mail. Schedule a consult with a White Plains Child Support attorney for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I got denied by the magistrate for child support modification in N.Y. and still trying to appeal it, but child plans to take tax

Q: Can child support still take my tax return this coming year even when I asked them not too until I finish with my appeals. The magistrate error in her decision, she said I recently voluntarily and retired which was a lie I worked for the stat over 14 years ago and my vested retirement kicked In automatically... Right now I am attending graduate school, living below the poverty level, have a wife and 2 minor children and the magistrate still wants to hold me to $70 a week, which is way more than what I am getting from my retirement check. And N.Y. State tax sent me a notice to let me know that child support put a lien on my future upcoming tax return.. The mother of the child lives in Atlanta (and use to live in N.Y.), I use to live N.Y. and now i live in Massachusetts... So What can I do?

A: David's Answer: Unfortunately, SCU can still enforce the order even if its being appealed. Procedurally, you should have filed a motion for a "stay" of the enforcement of the judgement. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

Q:  He just started a new position in Tarrytown. How long do I have to wait to find out if he filed a petition? I just got downward in May of 2011. I receive the support from the Child Support Unit. Would they be advised as well?


A:  David's Answer:  He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support Modification. Modifying a support order.

Q:   In 2006 when the support order was modified the custodial parent was unemployed, going to school full time to acquire a Masters in teaching. Since then I lost my job, thru no fault of my own-company closed. I have kept records of job applications submitted. I have since found a job which is less than what I was making- I am happy to be employed again. The custodial spouse asset & living has changed. She has a fulltime job making 60,000 a yr, lives in a 1.5 million dollar home, Masters degree (I have a GED & some college) a houseboat in Lake George, travels to her time share in St Thomas every January. Whereas my cost of living is in debt, just became employed again. Downward modification of support is based on dramatic change of events. Does this qualify and what should I present or ask?


A:  David's Answer:  Usually lose of employment constitutes a "substantial change of circumstances," so long as one can prove they lost their job thru no fault of their own (which it appears you can). I'd still advise to continue a job search diary for a job commensurate with your prior earnings, however, especially if you were once earning twice as much or more. Schedule a consult with a White Plains Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support. I have current child support along with arrears.

Q: I have arrears and current child support due. How do they figure out how much is deducted from my payroll check? I don't know if they take all of it and leave me with no money of my own to survive or is there a percentage that they take to satisfy current and arrears. I lost my job and fell behind. I am now employed again, and have no objection paying, but I was wondering how they figure out what to deduct from my paycheck. This is a case in Westchester County, New York.

A: David's Answer: Generally SCU will take out 50% of the order to satisfy the arrears. That said, whatever they take out must leave you with enough net pay to be above the self-support reserve (135% of the poverty line). - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What happens in a contempt of childsupport hearing?

Q: I just want to know what to expect when i go to court.i just got of maternity leave and am making a little bit more money than i did when the child support order was set for the ncp. will the court take that in consideration for a ncp and modify the order or will the ncp still have to pay the back child support that the ncp accrued? since the ncp just got a lunp sum. what should be asked in court.

A: David's Answer: Merely because you, as custodial parent, make more money will certainly not effect the violation case - nor is it likely to effect any modification case the NCP files. What you should ask for depends on a lot of things - if he's working, ask for a garnishment. Ask for production of a financial disclosure affidavit - if he has bank accounts, you can get a money judgment & execute against any assets there. If he's not working, ask for him to be referred to a jobs program and mandated to keep a job search diary with a minimum of 30 entries per week.  - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child support is being revisited 3 years after my divorce. I'd like to do bank subpoenas since my ex's financial affidavit

Q: Does not seem accurate. Are subpoenas relatively standard when child support is revisited?

A: David's Answer: I'd say no & here's why: subpoenas are usually only used when discovery cannot be had from the party themselves. In other words, you (or your lawyer) can simply serve a discovery demand on the other side for them to produce his/her bank account statements. It's quicker & there's no subpoena/copy fees you'd otherwise need to pay. - David Bliven, Westchester Child Supprort attorney (www.blivenlaw.net)

If my child support case is reactivated, will it be a new case or be subjected to the old order? As of now I'm unemployed.

Q: If my child support case is reactivated, will it be a new case or be subjected to the old order? As of now I'm unemployed. Brooklyn, NY

A: David's Answer:  If the "old case" was dismissed, then one cannot generally "reactivate" it (except via a motion to vacate a default or motion to renew/reargue). Generally if an order was vacated, then the custodial parent would need to file a new petition, which would then only be retroactive to the new petition's filing. - David Bliven, Westchester Child Support Law attorney (www.blivenlaw.net)

Possible Child support Fraud

Q: My daughter moved in with her father when she turned eighteen years old. I paid child support for a year until she moved back in with me. For several reasons I had always doubted that my daughter was living with her father but was living on her own, The other day I discovered that the year I was paying child support my daughter filed as an independent/head of household, she also posted "moving again" on her facebook page two days before we were to appear in court for his child support petition suggesting that she was not living with him during the time when he filed the petition. I would now like to petition him for child support since our daughter is living with me (under 21 years of age) and would

Additional information

like to know if I can ask the support magistrate to do an inquiry regarding this issue?

A: David's Answer: The Magistrates do not "investigate" the case, as what evidence is presented is ultimately up the to individual parties to research & present. That said, it seems very unlikely you'd be able to get relief at this point, since you otherwise could have researched the issue at the time of his original filing, and apparently chose not to. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My obligation to split babysitting for a 15 year old was successfully eliminated by family court this week. My ex now....

Q: My ex now owes me almost $1K since I filed in early May. How long does my ex have to reimburse me for that, and if not done on a timely basis what can I do?

A: David's Answer: Did the order specifically require her to reimburse you the money - and specify the amount? If yes, then wait 30 days, if she doesn't pay, send her a default notice letter via certified mail, return receipt demanding repayment. If she still doesn't pay, file a violation petition & ask for a money judgment. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Petition to change child support

Q: I agreed for my ex to pay the minimal amount of child support. I am now realize that it is not enough since I moved to a larger apartment and have more expenses. But since we agreed, the custody changed and my ex and I now share custody. Can I petition the court that my expenses have increased and I need help. Also, is school supplies covered by the support I receive from my ex? I've tried to ask her for help with school supplies but she keeps telling me it's a basic necessity so what she gives me each week should help cover.

A: David's Answer: It depends on how long ago the agreement was & whether it opted out of normal modification clauses. If if did not, then once every 3 years the parties can automatically re-visit child support by merely filing a petition. Even before then, support can be modified upon proof of a substantial change of circumstances (usually defined as income and/or expenses changing by 15% or more). - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Taking ex back to court for a reduction in child support and I would like to gain another day in custody..can I bring this up?

Q: My ex was served with papers to go back to court for a reduction in child support. As of right now, she has physical custody. She has been violating many aspects of our written agreement such as not furnishing bills on time, not giving first right of refusal to the kids if she is not available and making unilateral decisions in regards to the kids. I have already made a complaint of harassment against her with the local police. I am wanting to gain another day of having my kids..can I bring this up at our court date or file it then. I don't want to keep going back and fourth to court. As of right now, I get them every other weekend, one day during the week and alternate mondays following the weekend she has them.

A: David's Answer: No - the Support Magistrate only deals with child support matters. You'll need to file a separate petition for modification of the visitation order. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward modification. How can I get a downward modification of child support?

Q: Let me say I am not looking to get out of paying child support, I only have 1yr to go. I was unemployed for awhile - plant closed and I tried to get a downward modification after that happen to no avail. The Support Magistrate denied it, several times. I recently became employed and my earnings are much less & again I wish to take my paycheck to show that a downward modification is necessary. Plus, my son is now in college full-time living at school. Since my ex is not paying for the incidentals that were normally paid for, lights, food, water bill etc. Does this change also effect support? My child will be 20 this December. So I have been paying the current support even though the last two years he has been away at school and I have been unemployed. They reside in New York State.

A: David's Answer: The issue is whether you are able to document your prior "diligent job search" so as to prove the job you did get was commensurate with your prior earnings (i.e., it was the best job you could get under the circumstances). Moreover, since you'd be liable for your share of college expenses, the fact that your son is attending college won't help you & could indeed result in a higher order. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is this new attorney right about my old attorney "screwing me"?

Q: New court order: started with a temporary order since out of work, they waited until i was back to work to calculate final order. I was on disability from a car accident which lead to surgery so was out of work. Final order back dated from first out of work not considering involuntarily not working. Now high in arrears. I had a consultation with a new lawyer i found online and he says my old lawyer screwed me, that i should have never had to been ordered full amount back dated from involuntarily out of work and my lawyer should have said something. Is this true? Did i just flush 3G down the toilet for a lawyer who didnt help me , just helped increased arrears? Also said my weekly amount should be lawyered since under poverty amount but imputed since made more last year.

A: David's Answer: First, a definitive opinion can only be rendered after a full review & assessment. That said, if you were involuntarily out-of-work, you would have needed to present a certified medical report to that effect, stating during such time periods you could not perform ANY work. You would have also needed to have presented proof of how you were supporting yourself while out of work. If you did both of those, then yes, as a general rule, support arrears should have taken into account your reduced income. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

It's been over 2 months since my trial to have my support order terminated and still nothing in the mail.what should I do?

Q: It's out of Orange County and the judge is in the middle of an election.

A: David's Answer: Generally a Magistrate/Judge has up to 60 days to render a decision - but that's after the case has been fully submitted & transcripts of the hearing date(s) have been received. Thus, sometimes there's a delay in getting the transcripts back from the reporter and/or court backlog. I'd thus suggest to wait a little longer, and then perhaps seek to call the Part Clerk on the status of the decision. - David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Should I just keep Paying what I am now, or seek for a modification because I have gained more time with my child?

Q: When I went to court- I had made 36,000 and her 17,000( she took off 2 months) after taxes and nonsense. I pay 108.50 a week- pay bi weekly- I pay 150.00 every other week in child healthcare-.( I had son 2 days plus dinner visit) so 52 hours- but averaged 60-75. 
We went to court- i now have 2 days plus whenever she is working- she kept denying me to have my son is she was working., was at babysitter (Average around 65-75hrs/wk). Before the end of the year, I will probably make 50,000- probably around 44,000 after taxes/defered comp. her- around 24-25,000. She has also claimed him on taxes every year even though(verbally-stupid i know) agreed ever other year. Should i seek to modify for lower/get taxes too, or keep quiet before she seeks to raise it when she figures out how much more i made.

A: David's Answer: The odds of her getting an increase are probably slightly better than you getting a reduction from what you're paying now. Thus, you may consider in your head that you're already getting an effective reduction if you've had a substantial increase of income yet are paying the same amount (for now). For a full assessment, schedule a consult with a Child Support lawyer in your area.- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I requested CS to review my income to not take extra for arrears- they have not gotten back to me.

Q:  These child support orders are all new and the reason for arrears is from being medically out of work but judge didn't bother caring. Anyway i submitted all documents to request to not take more but what if i cant make the regular weekly amount? I have worked 60+ hours weekly and still cant afford my bills plus cs! I barely have ate anything in days because i cant afford it. What happens ( besides the obvious- license suspension , freeze bank accounts, ect i read it all ) if i really cant survive on what i make plus child support even working doubles every day? Do they eventually just not care and take things away?

A: David's Answer: Fortunately or unfortunately, SCU can take support + arrears which would strip you down to the self-support reserve - which is 135% of the poverty line. As such, if you're left with at least that much, they're not technically taking too much (& all of your income counts towards this analysis). For a full assessment, schedule a consult with a Child Support lawyer in your area. - David Bliven, Bronx Child Support attorney (www.blivenlaw.net)

Child support

Q: I'm putting my soon to be ex husband on child support but he is not working. He is going to use the excuse that his mother is taking care of him financially, is child support then going to require his mother to pay child support for her son since he is not working. He is going to say that he is disable and on workers compensation but workers compensation is not paying him much. His mother was just awarded 4 million dollars from a personal injury case.

A: David's Answer: Child support will not require his mother to pay as it's ultimately his obligation to pay. And while you can contest whether he's actually disabled, if he is, then the Court can only award you the CSSA percentage of his workers comp income. For a full assessment, schedule a consult with a Rockland/Westchester Child Support lawyer.-- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child support is taking $995 and leaving my son with $24 a check. That is twice a month. Nothing else to say...

Q: Child support is taking $995 and leaving my son with $24 a check. That is twice a month. Nothing else to say...Information given not helpful at all.

A: David's Answer: I assume you mean that you have a 2d, non-subject child residing with you. If you believe the original support order was too high, your options are: (a) if it was set less than 30 days ago, file an Objection, (b) if you've had a substantial change since the order was set, file a modification petition, or (c) if the order was set relatively recently, but you feel the Magistrate didn't consider (or didn't properly consider) certain issues in your case, file a motion to renew/reargue. For a full assessment, schedule a consult with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

When I get my SLU award from workes comp do the take out for my child support errors

Q: Is child support errors taken out of your SLU award?

A: David's Answer: I assume you mean arrears - if so, the answer is yes, SCU can take arrears from any source of income. For more info, schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I had a trial to terminate child support. She told us she would mail her decision. Its been over 7 weeks now when should i get it?

Q: I had a trial to terminate child support. She told us she would mail her decision. Its been over 7 weeks now when should i get it? It's outta orange county courts...

A: David's Answer: The Magistrate has up to 60 days to issue a decision, but this is only a general rule. This may be extended due to backlog, waiting for the transcripts to be produced, etc. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Social services newyork

Q:  if i was collecting from social services from when i was pregnant with my son till now my son is turning 3 years old his father never financially helped an now hes forced to pay social services money he owed them since december 2011 could he still file for some kind of custody and he lives in a different state and never visited my son in 3 years


A:  David's Answer:  The mere fact that your support is paid thru DSS does not give him an advantage in the custody proceeding. He can always petition for custody, but whether he'll be successful depends on a number of factors, including how often he's visited the child, especially given his distance. Schedule a consult with a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Ex hasnt made any payments on a previous child support settlement. When should I take him back to court and for how much?

Q:  In the process of divorce, my ex and I had a court order for child support through family court that he never complied with. The total he owed was $10,000. We agreed that I would accept $5000 as long as its paid in full. He is current on his weekly child support obligations yet he hasnt paid a dime towards the arrears. This was agreed on about a year ago. When should I take him back to court, and will I get the full amount owed since he never paid or will they only grant me $5000.


A:  David's Answer:  The answer depends on what the actual court order says. If it captured your agreement & says he only owes $5,000, then that's all you can enforce. Otherwise, you may be able to enforce the entire thing. You're best advised to bring the order - and a copy of any agreement drawn up between the two of you - into a Child Support attorney in your area for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

In revisiting child support every few years, my ex claims that my ex's income & assets are not relevant -- other than for....

Q:  calculating the pro-rata share of certain obligations such as summer camp. But isn't my ex's income relevant to calculating child support itself in some way -- even though my ex is the recipient of that child support?


A:  David's Answer:  While technically the custodial parent's income is considered in the calculation, as a practical matter your ex's income doesn't effect the amount of basic support unless combined income exceeds $141,000 (& even then, greatly so) or there was some basis to argue that the amount was "unjust or (grossly) inappropriate. You're best advised to schedule a consult with a White Plains Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My 22 year old daughter would like to accompany me to a family court hearing, where child support for her younger sister...

Q:  ...will be discussed. She feels it will be an advantage because it will make my abusive ex uncomfortable and more likely to tell the truth. He has a tendency to tell many, many untruths, as abusers often do. I'm considering it. What do you think? She knows she has to sit in the back and that she can't speak except to identify herself when asked. Would the Support Magistrate frown upon that?


A:  David's Answer:  Family Court proceedings are presumptively open to the public. That said, if she may be a witness on any issue in the case, then she cannot be present for any other part of the proceeding. Schedule a consult with a White Plains Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex has hired someone to recalculate child support diminishing his support by $600 a month! Can he do this without my consent?

Q:  We had a collaborative divorce and in the agreement it stipulates that we agree to recalculate every year. He lives in a huge mansion by himself with 8 acres, a pool and a tennis court and has substantial investments. He doesn't work much at all and now is claiming poverty. $600 a month reduction is going to severely affect my life and my childrens' lives. Should I take him to family court? Can he just start paying me less without an official document? What is your recommendation please?


A:  David's Answer:  Usually your divorce settlement gets incorporated into a judgment, and usually the judgment specifies the amount of support. As such, the only way to modify the judgment would be to go back to Court. It behooves you to bring the agreement, the judgment & his purported basis for a reduction into a Westchester Child Support lawyer for a full assessment. Call such an attorney to schedule a consult.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex wants additional child support, saying the gross income from my rental property should be used versus the net....

Q: Is there a rule or law I can point to stating that income from a rental property should be included in the child support calculation only as a net figure after expenses (which in my case is zero), rather than as gross income?

A: This is caselaw driven - one appellate case deciding the issue is Kessler v. Kessler, 47 AD3d 892, 850 NYS2d 596 (2d Dept 2008). That case held gross rental income should have the expenses incurred by that rental (e.g., real estate taxes, insurance, out-of-pocket expenses such as repairs) deducted.  -- David Bliven, White Plains Child Support lawyer (www.blivenlaw.net)

I am in litigation and am currently living with family and have a two year old.

Q: My soon to be ex's attorney has sent a letter to the judge to modify child support. I am living with family because it is unaffordable to live on our own. Is this a possibility that child support can be modified? He also is not paying court ordered pro rata add ons. Please give me advice?


A: Answered about a month ago. It is extremely unlikely the Judge will modify support on the basis of a letter. Generally once interim support is set, the only time it can be modified is at trial. Schedule a consult with a White Plains Child Support lawyer for a full assessment.  --  David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

How is NY child support calculated?

Q:  I live out of the state of NY. The CP is on Public Assist, Food Stamps, and Medical and has no job currently or in the past 3 years. I, the NCP, have a decent full time job. However because the CP has no job or will ever get one, I'm force to pay 100% of the "shared expenses", is this correct? Would I get some type reduction in my monthly amount, due to the fact the CP does nothing but collect welfare. I understand that the CP doesn't see all of the money because the State take back a portion of it., but seems unjust if I'm paying a high CS amount in which the CP has to do nothing at all.


A:  David's Answer:  You would not pay a % of the "shared expenses." Instead, assuming there is 1 child, you would pay 17% of your adjusted gross income. If the result is more than the PA budget for the child, then it makes sense to have the child taken off PA so the money goes directly to the mother than to DSS. Call a Child Support lawyer in the Utica area for more info.   -- David Bliven,  Westchester Child Support attorney (www.blivenlaw.net)

My ex came back to court to raise my child support, court ordered me to pay more, she lied about her work and income.

Q:  Just year and a half ago I was ordered to pay child support. My ex stated that she makes less money because she changed work, which is lie, but how can I prove it if she works off books. I compromised my work to spent more time with my daughter, so she doesn't have to pay for nanny (2 times a week and every second Saturday), and I also agreed to pay for Saturday school. In this case I 'll have to resign from my promises, because I won't be able to support everything. She wants me to pay for everything extra, even for her nanny, because she doesn't have time to take care of our daughter. Now i pay nearly 25% of my income for one child, and the court doesn't care about my involvement in rising our child.


A:  David's Answer:    The issue is that generally you only have a right to have a trial once, and you would've had the obligation to present evidence of her lie at that time. If you didn't ask for the proper disclosure at the time, it may be too late now to have, essentially, a re-trial on the same issue. The question really becomes whether the court is taking out too much relative to your pay. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How can I get a change of venue out of Onondaga County, when they have denied them in the past?

Q:  How can I get a change of venue out of Onondaga County, when they have denied them in the past? I've been informed that the original jurisdiction has to approve it. There is a current order. There are no pending petitions/motions right now, but if I want to petition a new one, can I just submit it to another court outside of Onondaga, along with the change of venue request?


A:  David's Answer:  Generally support & custody applications are done in the county where the child resides. That said, if venue was established in one county & change of venue previously denied, then it's likely to be denied again. If you file in another county, the other parent can oppose the application & ask that venue be changed back per the prior order. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I entered into a temporary joint legal and residential custody until trial. We have 50/50 and live 60 miles away from each other

Q:  In this temporary agreement, my lawyer wrote an incorrect pick up and drop off location for my husband and I to transfer our child to one another also, my lawyer wrote that I will not receive any retro active monies for legal or child support. Due to the error on the pick up/drop off and being bullied to agree to no child support until trial to allow me to leave the county I was living in while married, can that temp agreement be modified to award me retro activity of legal and support until trial. My husband gives me no money for my son or his child care and makes most of his money off the books.


A:  David's Answer:  If the agreement was characterized as an interim settlement, then I see no reason why you couldn't press the issue of retro at trial (as you can say the agreement was merely that you weren't ask for the retro "at that point," but now are). That said, I'd prefer to see the agreement before rendering a definitive opinion. You're thus best advised to schedule a consult with a Child Support lawyer in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Underaged girl lied to my son about age, now baby is invoved, paternity shows hes not the father. What can I do?

Q:  My son was with a girl when he was 17 and the girl lied about her age. There is a baby involved now. My son is now 19 and the said girl is 16 (her true age). I, as his mother wanted to know if that was his child so I did a paternity test. It came out that he's not the father.
What can I do to remove my son out of this situation when she constantly threatens my son with the child and gets her brothers to hurt him whenever possible?


A:  David's Answer:  He should immediately sever any contact with her. If he asks to see the child, provides any financial support for the child or does anything else to "hold himself out as the father," he may later be precluded from denying he's the father. If her brother attempt to assault your son, call the police. Call a Child Support lawyer in your area to schedule a consult.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am divorced 13 yrs. I want to file for support modification. My daughter is in college. I have paid for the first two years.

Q:  The stipulation of agreement reads that each parent is to contribute 1/2 of all college,living, medical expenses, the other parent gets credited c.s. contributions. I assumed all was included in the original child support petition when my daughter was a child. I learned recently that it was not when I petitioned for c.s. arrears. I was told that a modification petition was necessary to have college expenses added. Family court said with a magistrate, lawyers are not necessary. I have all receipts and records of expenses paid with copies of all and I hope all other required documents. I just want the father to pay my daughter's next two years of college expenses. I cannot afford a lawyer. Do I have a good chance? What are all the required documents, so I can re-check my work? Thanks.


A:  David's Answer:  You are nearly always better off with a lawyer than without one. The question also is whether you ever sent the bills/receipts to the NCP & proof thereof. You're best advised to bring in all your paperwork to a Child Support lawyer in your area for a full review & assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CP Makes More Than NCP. How Will Support be Calculated?

Q:  I am the CP of a 3 month baby girl. I make about $60,000 and NCP makes about $30,000. I also have a 9 year old daughter from a previous marriage, whom I am not receiving CS for. Will the magistrate use my salary in comparision to NCP when calculating CS or will it be just a straight 17% (New York) of his salary going to the support of his child?


A:  David's Answer:  While the statute as written considers both incomes, what you make does NOT effect the calculation unless combined parental income exceeds $141,000. You can get an idea of what child support will be by using this calculator: http://www.nyc.gov/html/hra/html/services/child.... Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I change my child support

Q:  during my divorce I agreed to pay my ex wife $500.00 for my kids with the agreement that I would see them. the judge said the mandated amount was about $277.00, now that the divorce is done she is not letting me see my kids but still wants the money, I'm taking it back into the supreme court to get my visitation done should I have the judge there do a down modification or do I have to go into family court and do it. can I get it done even though I agree to pay her more. I'm scared that if I try to take her to family court she will not show because she does not have a stable address, it will be hard to serve her the paper work


A:  David's Answer:  Yes, you can include an application to modify the child support within the same motion you file in Supreme Court. Whether you'll likely get the modification will depend on the factors used to deviate in the first place as well as what your current income is. Schedule a consult with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I'm filling out a financial affidavit to reassess child support after 3 years -- should my 401K be included as an asset?

Q:  I believe my ex has close to or over a million in a 401K, but is claiming that's retirement money and as such should not be on the financial affidavit. I believe that it should. Can you please clarify?


A:  David's Answer:  The 401k absolutely should be disclosed on the financial disclosure affidavit. The issue isn't whether this will ultimately impact child support - the issue is that both sides are entitled to full financial disclosure. Schedule a consult with a White Plains Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am going to court today on a CS hearing for Wilful, i have not paid her support on time,but do alot for my kids that if i did

Q:  did pay her the $300 per week i couldnt do ...what can i do. i have been found wilful muliple times in the past 5 yrs and always somehow come up with the purge to avoid jail,pleas advise what i should do, i cant do this back and forth to court


A:  David's Answer:  You should file a downward modification petition and ask for assigned counsel. Schedule a consult with a White Plains Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is it over?

Q:  He was then discharged medical ( flat Footed ) She filed papers with court March 10 My Ex filed to have support reinstated the courts denied and dismissed case on March 21 I received papers in the mail . The court told her to file a new petition to vacate her consent or file new petition with the support magistrate. Its well past 35 days to file .I have yet to see anything from courts ,Does this mean its over?. I have put the support money away for my son to give to him


A:  David's Answer:  If the mother was told to file a new petition, then she has the ability to do so at any point until the child is emancipated. So to that degree, it ain't over. Call a Child Support lawyer in your area for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

"Do I need to pay support?"

Q:  I am divorced and pay child support for my 18 year old son. He has openly stated he wants nothing to do with me. As of today, he has also changed his last name. Do I still need to pay support for him?


A:  David's Answer:  You still need to pay support until the order is modified. You may file a petition claiming the child has emancipated himself by virtue of his actions. However, his refusal to have a relationship with you must be completely unjustified on his part - a high bar indeed. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is a lawyer worth paying with a custody and child support case

Q:  My sons father was very abusive towards me. I never called the police. He is 100% off the books and owns nothing . I don't feel my son is safe with him but he had mAde it clear if I do not agree with the visitation he is asking for he will never pay me child support. It will takes years if I ever do get the $ through court. From the research I have seen so gat ny state does not seem to help single mothers at all in situations like this. I went to court with a parenting agreement that they are rewording and adjourned the case to June. How likely is it that I can have sole legal custody? And exactly what advantages would that give me? I am afraid to file for support but I am afraid I will lose my Medicaid if I do not. I can't find a lawyer who will help me very inexpensively


A:  David's Answer:  The carrot-and-stick to child support when dealing with an off-the-books person is either he pays or he goes to jail. That simple. Most father's talk tough right up until when they're on the bus heading towards jail, then wise up & agree to pay. I never cease to be amazed by how many father's come up with thousands of dollars just before they're about to be locked up just to get out of going to jail. Thus, you can certainly still reach a fair agreement on child support, but get it in an enforceable order. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

"Do I need to pay support?"

Q:  I am divorced and pay child support for my 18 year old son. He has openly stated he wants nothing to do with me. As of today, he has also changed his last name. Do I still need to pay support for him?


A:  David's Answer:  You still need to pay support until the order is modified. You may file a petition claiming the child has emancipated himself by virtue of his actions. However, his refusal to have a relationship with you must be completely unjustified on his part - a high bar indeed. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is a lawyer worth paying with a custody and child support case

Q:  My sons father was very abusive towards me. I never called the police. He is 100% off the books and owns nothing . I don't feel my son is safe with him but he had mAde it clear if I do not agree with the visitation he is asking for he will never pay me child support. It will takes years if I ever do get the $ through court. From the research I have seen so gat ny state does not seem to help single mothers at all in situations like this. I went to court with a parenting agreement that they are rewording and adjourned the case to June. How likely is it that I can have sole legal custody? And exactly what advantages would that give me? I am afraid to file for support but I am afraid I will lose my Medicaid if I do not. I can't find a lawyer who will help me very inexpensively


A:  David's Answer:  The carrot-and-stick to child support when dealing with an off-the-books person is either he pays or he goes to jail. That simple. Most father's talk tough right up until when they're on the bus heading towards jail, then wise up & agree to pay. I never cease to be amazed by how many father's come up with thousands of dollars just before they're about to be locked up just to get out of going to jail. Thus, you can certainly still reach a fair agreement on child support, but get it in an enforceable order. Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I've tried taking my ex to court for upward modification because he is self employed and making way more than what he claims.

Q:  The judge disputed my request because the fact that I lost my job was not major change of circumstances. I've tried telling the judge that my ex is hiding his real income but the judge just casually said he'll look into his Tax paperwork. I lost the case and thinking to appeal w request of new judge.
What are my chances?


A:  David's Answer:  Ultimately it's your burden to prove hidden income. You could have made demands for production of other financial documentation and/or hired an investigator. You're best advised to bring the order & findings of fact to a Child Support lawyer in your area for a full review & assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Which state will govern the emancipation age for child support NY or PA?

Q:  My separation agreement, custody, and divorce decree were all through PA court system. I live in NY with my child. I have full custody.Nothing at all was ever filed in NY or PA regarding child support. My ex is threatening to stop paying me our agreed amount when our son turns 18 even though he will have his whole senior year in high school ahead of him. I was told by one attorney that even though I can file through NY for court ordered child support, PA will govern the emancipation age of (high school graduation) because that's where custody was determin.ed. I would like to get support until he is 21. Also I pay for his insurance coverage. My ex wants to just abandon us. We won't be able to survive without child support.


A:  David's Answer:  Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Keep getting Child Support from NC through CSE even though child is over the age of 21.

Q:  I live in NYS and my daughter just turned 21 within the past month. I am still receiving child support payments (around $200 a month) from CSE even though the account is up-to-date, in fact I just checked the acct. and there is now a credit of $250 for the NC. There is no termination date on the court order. The NC and I are estranged and I have no idea where he lives. How does support end in cases like this? Do I keep cashing the checks (my daughter is in college and uses the money for expenses) until they stop coming from the state? If I do cash the checks will I have to pay the overpayments back? What is my legal responsibility?


A:  David's Answer:  You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... Speak to a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Am I responsible for my stepson's unpaid co pays and deductibles?

Q:  He is currently 21. He has never lived with us but since my husband was on my policy and legally responsible for medical insurance. We added my stepson about 10 years ago. I am the subscriber of the medical insurance.


A:  David's Answer:  No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Does child support go up when a child turns 11?

Q:  I currently pay child support to my ex for my 6 year old son. I read that once a child turns 11 child support can be increased. Is this true and if so how much?


A:  David's Answer:  No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)