Thursday, January 30, 2014

I am divorced from my husband, we have a 5 year old child with special needs. Is he required to pay child support for a healthy

Q:  adult daughter in NJ that has been going to college parttime for over 6 years and is now 23 years old and works full time? She has gone to three differnt colleges and drops out and then begins again.


A:  David's Answer:  No, he would not generally be obligated to pay support for a child over 21 unless otherwise provided for in a valid, written agreement. Is the 23yo a child you & he share? How do you (or he) believe it to be relevant at this juncture? Schedule a consultation with a Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

NCp court ordered garnishment is Overpaying child support , will I have to reimburse for overpayments?

Q:  There is a set amount for child support and a set amount for day care. He is currently in 5k arrears. But For a year and a half he has been overpaying since our child is not in Full time daycare. He also is supposed to be pay half he medical and never does. I have tried to modify but was informed by child support not to and to let him ask for modification. If and when he does will I owe him the overpayments or will it come off the arrears? Or will the overpayments start only from the day he files?


A:  David's Answer:  If the order otherwise requires him to pay the medical expenses, and he does not, then his overpayments will likely offset the medical expenses he owes you. That said, you should send him the bills/receipts for same to ensure they're enforceable. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support

Q:  What is an Administrative Order on an arrears balance?


A:  David's Answer:  It's speculative as I'd need to see the paper you're referring to. I'd guess that it's a COLA Adjustment - this is an automatic adjustment in the order based on an increase in the cost of living. You have a right to object to same & request a hearing in Family Court. Speak to a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child support court order was done in NY. my 18 old now lives in PA do I go by NY or PA laws?

Q:  My child support to my daughter was court ordered in NY but she ha lived in PA for 4 years ,she is 18 and a high school grad do I pay until she is 21 NY State law ? or PA where she resides ?


A:  David's Answer:  If either parent still resides in NY, then child support continues until age 21 under NY law.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Sunday, January 26, 2014

In NYS, is there a statute of limitations for childcare expenses. My ex is asking for reimbursement from 2007-08.

Q:  There was an existing order for 50%, when she switched to a very expensive childcare. We made a private agreement that I would pay the same amount and she would payer higher difference. She also insisted on cash. I now have custody and to offset her support order she has filed for unreimbursed expenses.


A:  David's Answer:  Without doing further research on the question, my instinct is to say no. Child Support decrees are generally always enforceable during the minority of the child. There is a legal doctrine called "laches," which basically means if you sit on your rights you eventually lose them. You should (at the least) schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can a Judge make decision without seeing both parties in matter of modification of child support and alimony and arrears?


Q:  My husband filed for the modification of child support and alimony and arrears. 
His ex wife agreed to erased the arrears and lowering alimony and child support basing on his income and both of them agreed and agreement was reached.
To get the agreement correctly done. We went to court and filed the modification paper.
My husband sent out paperworks a month ago and waiting to get the court date. The other party never sent any paperwork regarding the agreement. His ex wife is just waiting on for the court date to tell a Judge that she agrees to whatever was written down on modification paper.
My husband called to see how come he is not getting a date yet and said paperwork will be sent out soon 5 days ago.
Today, he called again and the lady said "Judge is making decision without seeing both

Additional information
Parties. 

I never heard of a Judge not seeing both parties regarding modification process. Help me understand it. I could not understand this at all. 

What if judge refused to see both parties and go against their agreement? Then what? 
I am just very concerned. Maybe i am worrying about it for no reason but we don't want to waste our time going back and forth to the court. 
Case is in Nassau County Matrimonial Court. I mean... We paid $45 for that paperworks to be done. 

I already said "Modification". It was MOTION.


A:  David's Answer:  He probably would've been better off filing in Family Court - especially if he's representing himself. Yes, Supreme Court may make a "summary decision," meaning that the Judge may grant - or deny - relief based on the papers alone (without a hearing). As such, if he did not include a valid written agreement executed by the mother agreeing to modify the support, hopefully he attached proper exhibits to his motion demonstrating a basis for the modification. He's best advised to (at the least) consult a Child Support lawyer in is area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my child's father files for paternity can I file for child support before the court date ?

Q:  My childs father filed for paternity and idk where he's going to go next with it can i file for child support and custody before the court date? he has been to jail before and I also want to get supervised visits is any of that possible ?


A:  David's Answer:  Yes, you can - and should - file a petition for custody. Technically, he would need to file a separate petition for visitation. As for whether he'll get supervised visitation depends in part on his track record of visits thus as well as what he was jailed for, along with several other factors. Speak to a Child Custody lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my son was to give up his parental rights is he still obligated to pay child support?

Q:  The mother will not allow my son to see his daughter on less he sees her too!


A:  David's Answer:  There is not such thing under NY law as "giving up parental rights" unless they are terminated stemming from a child welfare case or there's an adoption pending (or imminent). If he's having trouble visiting his child, he should file a petition for a visitation order. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Hi my daugther is going to be 20 this month and she not in college and she has a little job and her mom remarried

Q:  how can i get the child support terminated I dont mine helping but its just too much be taken


A:  David's Answer:  You can generally only terminate child support if the child is completely self-supporting. As such, her job would need to be a full-time job paying at least minimum wage. Speak to a child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My x is not paying his co-pay to me what can I do. Also, i started taking my daughter to colleges and sent him a bill on half.

Q:  It states I pay for the co-pays first and he needs to pay me back and he owes me over 400 dollars. then for college we went to visit one and I sent him the bill on that and he has not paid me on that either.


A:  David's Answer:  Send an itemized letter via certified mail, return receipt along with the bills he owes (so you can prove he received them. If he fails to pay, then file a violation petition. If you original order did not include his share of college, then you'll need to file a modification petition to ask that he pay those expenses. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Saturday, January 18, 2014

Child support/back pay

Q:  i have a dept of back pay just back pay owed to child support and got back with the mother i am taking care of my kids but they are taking to much money out of my check every week and i cant support my family because of it what paper work do i file or steps do i take to get that amount taken reduced


A:  David's Answer:  I'm not sure I understand your question, but assuming you're asking about how to reduce arrears owed to DSS, you cannot. The only thing you can do is attempt to work out a different payment plan with SCU. You'll need to go to their office at 110 E. 1st St., Mt. Vernon. Schedule a consult with a Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Mother wants to claim child for the second year in a row?

Q:  Our child is been the breaking point between us. We don't get along , we fight constantly on irrelevant topics and we tend to only get along When it benefits her. Her up coming tricks is to claim our child a 2nd time. We both have joint physical legal custody w/o placement until she is of age to attend school. Before the court order we had been separated with joint custody after the court agreement we had the above. Before the courts intervened she changed her medical insurance without my consent. After that she still has her insurance set as the same one. She does not notify my of appointments or bills and both of us gross the same. We both have her about 50 / 50 and she says she is claiming her and I have no right. My counsel says go for it. And she agreed in court but verbally? Thanks!


A:  David's Answer:  I'm not sure what your counsel is recommending you do, but I'd recommend to file a modification of the prior (assumed) child support order to get the Magistrate to grant you the alternate years deduction. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to get a "motion" to have a court clarify an order that was granted to me specifying arrears for child support?

Q:  divorce proceedings: Child Support servcs. requesting exact amount and start date to garnish monies owed in arrears. Husband is disputing monies owed in past arrears. lawyer says I have to put a motion in order to get that clarification letter from the judge, and claims will take months. Is there a quicker way so they can take current support and arrears support?


A:  David's Answer:  It would probably be a "motion to renew/reargue." I'm not aware of any other way to get "clarification" from the Judge. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I have two kids who were living with there mom i was paying her support my youngest moved in with me can i get support from her

Q:  i have two kids who were living with there mom i was paying her support my youngest moved in with me can i get support her mom

Additional information
 
she makes 50 plus a year i make about 15 a year

A:  David's Answer:  Yes - generally in a split custody situation the court will order her to pay you support based on her income for the child in your care & vice versa. Speak to a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex husband has dodged paying his child support for many years now. He has many bench warrants, bought a house and it was fo

Q:  he bought a house it was foreclosed on. Why didn't child support collection unit do anything. He has been able to do this for many years now. Hiding any monies under his new wife's name. There has got to be something I can do. He should be put in jail. Since he is out of jurisdiction they do nothing. Why wasn't his drivers license pulled. etc....


A: David's Answer:  You may actually need to proceed on the case yourself, as opposed to relying on SCU. For instance, you can give the money judgment to a debt collector. You may also wish to consider retaining an attorney to help you.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Wednesday, January 15, 2014

I have court on 1/9/13 for back child support not paid from a court order back in febuary. Can i request for an ajournment?

Q:  my ex is taking me back to court on 1/9/13 for back child support that i have been unable to pay from a non jury trial that her and i agreed to defend ourselves because neither of us could afford an attorney so the judge decided in her favor with a high weekly child support payment court order back in febuary / march time frame. ive been unable to pay it except for a $1,000.00 from a lottery winning that the state is still holding up for processing. Can i request for an ajournment on the 9th so i may get an attorney to fight this? or will they refuse because its from a prior court order that i have not followed through with? or will they arrest me? PLEASE HELP


A:  David's Answer:  You should be able to get 1 adjournment in order to hire an attorney. Better move is to ask the court to assign you a lawyer - if you hire & pay for one on your own, the Judge will wonder why you're not using that money instead to pay the back support. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CP filed to review my income since I got a new job. Will CP income also be reviewed?

Q:  My ex filed to review my income since I just got a new job. Will the support judge also review my ex's income? At the last hearing, the judge allowed us to exchange financial information. Does the judge typically allow us to do this again? Can the judge say no if I request a copy of her financial information? If you also have any advice for this hearing, I greatly appreciate it . Thank you in advance.


A:  David's Answer:  Generally the CP's income won't affect the amount of child support, unless the combined parental income exceeds $136,000. That said, there's a formal way of asking for financial documentation, so merely "asking for it" of the Magistrate may not do it. Schedule a consultation with a Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Saturday, January 11, 2014

My ex wife won't write a statement that I pay child support, I give her cash. That's all I need for my swear in appt.

Q:  I'm a former marine from queens ny. I got a month to get that statement. Can I do something else ? Will me showing up and explaining that to ins work.


A:  David's Answer:  If you pay pursuant to an order, that should be sufficient. If you pay informally, then you'll need to either give her money orders from now on or else get receipts from her.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I get another court date when I appear in court for a child support hearing because I don't have an attorney yet?

Q:  I got a letter 3 days ago to appear in court on 1-9-13 for child support I am behind on. I need to find an attorney when I show up on the 9th with out an attorney my I request another date so I may bring an attorney the next date if the 2nd date is agreed to be given to me.
 
 
A:  David's Answer:  Generally the court will can 1 adjournment to each side in order to hire an attorney or some such similar reason. That said, if it's a violation case, the Court generally assigns counsel so long as you financially qualify. Speak further with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is FICA included when calculating child support payments

Q:  I am trying to estimate what child support payment will be. I know my child support will be based on my gross salary. I was under the assumption that FICA is a deduction excluded from gross salary when calculating child support. Is FICA medicare and social security excluded from child support or just medicare.


A:  David's Answer:  Yes, FICA, Medicare and social security taxes are statutory deductions from gross income before applying the child support percentages (17% for 1 child, 25% for 2 children, etc.). Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

18yrs of age-Senior in HS - will support continue for college years & is father resp for college?

Q:  My daughter just turned 18 - senior in high school. will her father be responsible for any college money and will he have to pay support to me as long as she is in college? i didn't see anyting in the divorce papers regarding college so if i need to return to court would it be support or something else? or is it automatic that support continues as long as she is in college?


A:  David's Answer:  Yes, generally basic support continues until she's 21 unless otherwise emancipated. You would need to file a petition requesting that the father pay additionally towards college. Usually the Magistrate will look at what amount he has left over to contribute after subtraction of the basic order as well as his basic living expenses. Speak further with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

CHILD SUPPORT - HOW LONG IS IT TAKING TO RECEIVE A DECISION IN FAMILY CT - WHITE PLAINS RE: CHILD SUPPORT FROM SUPT MAGISTRATE?

Q:  THIS IS FOR AN UPWARD MOD.


A:  David's Answer:  If by that you mean, from the point at which the trial ends to the date you received the decision from the Magistrate, it's generally 60-90 days. Sometimes it make take slightly longer due to unusual backlog of a particular Magistrate, and/or his/her vacation/holiday schedule. Schedule a consultation with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Wednesday, January 8, 2014

How do I go about getting a decreased modification of child support in westchester county, New York?

Q:  Job assignment to a lower pay grade. Significant loss of overtime which was originally calculated in support order.


A:  David's Answer:  Get a letter from your employer confirming the lower pay assignment was not due to a request you made. Then file your petition for downward modification. In Westchester, such petitions are generally filed at 100 E First St., Mt. Vernon. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

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)

Saturday, January 4, 2014

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

Q:  She is living with her boyfriend and family.


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

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)

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)