Saturday, April 26, 2014

I'm single-mom, primary caregiver, main bread-winner, no child support. Lost my job, got an offer in Tx. Will I lose my kids?

Q:  Is there any hope of having girls come with me (ages 11 &16)? Father lives in same town with significant visitation. I have seen gradual alienation of the girls since he's been here. He, his new wife and girls prtray themselves as 'family unit' & I am treated as an outsider some times. He & I both have Ph.D.s , he left his previous job, is now CEO of his own company ( employs 4 incl his wife). He claims $20000 annual income, I had to waive child support as part of settlement agreement or he would get 50% of my assets. Since I lost my job last year, I've tried to find suitable job locally but couldn't. Options are to stay unemployed, sacrifice career/livelihood to stay close or take new job, lose kids and pay child support & go towards bankruptcy? Is there nothing I can do?

A:  David's Answer:  You'll need to commence a relocation action in either Family or Supreme Court in your area. Depending on the wording of your settlement, you may be able to also move to claim child support based on unanticipated change of circumstances. This may be a way to put pressure on him to agree to the move. You're best advised to document your job search for comparable employment in your area. Speak to a Child Custody lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Preschool, Private school and Day-care add-ons for child support from unmarried father

Q:  Hi, I had a child and starting a support case to get assistance from my ex-boyfriend. We never lived together. I want to know if:

1) Will I be entitled to get Pre-school and private-school add-on for my child? He does not want to send to pre-school or private school.

2) Will he pay a share of whatever type of day-care I choose for my child? does it matter how much it costs?

A:  David's Answer:  Unreimbursed educational & child care expenses are generally mandatory add-ons. Thus, generally he will need to pay his pro-rata share over & above basic child support. That said, how much of those add-on expenses he's actually assessed with will also involve an assessment of how much money he's left with after subtraction of the basic order & proposed add-ons. Speak to a Child Support lawyer in your area for more info.  -- David Bliven, Westchester Child Custody attorney (

Does my 6,000 settlement count from car accident impute as income for child support?

Q:  My ex and i have 2 young boys and have split up 4 yrs ago.never been married nor ever had a legal agreement. In 2011 i was in a car accident which made me out of work for 6 months. I paid my ex what i could from unemployment and we were civil. I went back to work and was then injured on the job in 2013. I then again paid her what i could from disability and remained civil. We recently have got into disagreement with money and had me summonds for child support. I am still out of work since my injury lead to extensive rehab to which i couldn't work. We went to court, Judge made temp order til i have pay stubs when back to work to show in a few weeks. 1 week before served i got a check for 6000 from 2011 accident. Will this be imputed as income for upcoming court date?

A:  David's Answer:  The answer is: likely yes. The reason is that you're likely using the money to defray basic living expenses & to that extent, it will likely be considered income to you. If you are not using it for income, then it may only be considered an asset. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Can a pro rata share of extra curricular expenses and medical expenses be lowered if the custodial parent's income increases?

Q:  I am the noncustodial parent and I lost my job several years ago causing me to accrue arrears. My base salary at my new job is $46,000 significantly less than what I used to make. I work a second job to support my current wife and youngest son b/c NY child support services were taking 50% of my salary. Then NYCSC started taking more from the 2nd job and leaving me with a net income of $2,000-3000/mo My ex wife's salary went from $88,000 to $119,000. Can the pro rata share of expenses aside from child support be lowered? What petition do I need to file? Or is there a particular law in the books I can refer to or research? I am defending myself in court cause the magistrate will not appoint me an attorney.

A:  David's Answer:  Yes, it can, as that would likely constitute a significant change allowing for the modification. You would indeed need to file a modification petition. As an aside, the Magistrate cannot generally appoint counsel in child support cases unless there's a violation petition pending. Schedule a consult with a Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (

Visitation and Child Support

Q:  My daughter's mother and me have been separated for some time now and I also live in a different state because I'm active duty military my daughter is only a few months old and go and see her everytime I get leave and I sent 600 and 150 and extra when her mother asks and I have proof of it all but lately everytime I contact her mother she tries to pick a fight and is now threating to take me to court for dna and child support because she say's I refuse to help take care of her and it seems to have gotten worse now that i'm married and have another baby on the way and

A:  David's Answer:   She has a right to have support paid thru the court. Likewise, you have a right to file for a visitation order. You should be aware, however, of your rights under the Soldiers & Sailors Act - and thus the possibility of objecting to NY's jurisdiction is you're active duty. Speak to a Child Support lawyer in the Watertown area.  -- David Bliven, Westchester Child Support attorney (

Wednesday, April 23, 2014

Child Support ! What happens with child support when one kids lives with mother and one with me please help !

Q:  I currently pay $905.80 a month , 25% Percent for 2 child that live with there mother, My son will be 18 soon and has decided to move with me when he graduates. I'm trying to figure out what happens with support. I know I need to file for a downward modification from the 25 % to 17%. But now will the mother be responsible for 17% of the 18 years old. Last I knew she only makes about 16,000 a year. Does the judge consider that she is low income ? Or does she have to pay regardless? Both my children are under my medical plan, I used to pay 52.00 a week for family plan when first divorced. Now my medical is 152.00 weekly. My new wife and new child are under this plan also. Will There be an adjustment based on the increase ?

Additional information
because of the self reserve support will the judge consider that the mother only works 20 hours instead of 40 my kids are 18 in a month and 14 it's not like they are young and she needs to be home all day

A:  David's Answer:   If there is a split custody situation, then the Court will generally order you to pay 17% for the child in her care, and order her to pay 17% for the child in your care. Moreover, if she's only working part-time, the Court may impute income to her as if she's working full-time. Also, you should get a letter from the insurance company specifying the extra cost to cover the subject children. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Child support

Q:  My daughters father stopped paying child support, so csea filed a petition of violation. When my daughters father received the court date in the mail he paid all the money that was due. Do i still need to go to court? Any way to get the court date dismissed.

A:  David's Answer:  If you are satisfied with his payments, then you can just send a letter to the Magistrate (copy it to the Father) saying you don't wish to continue with the violation case. This assumes the petition was filed on your behalf, however, and not on behalf of DSS (which would be the case if you're on any form of public assistance). Speak to a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (

Looking for an attorney that has experience with requesting a deviation from the CSA formula for child support.

Q: I need a consult with an attorney that has this experience. Please contact me if you do.

A:  David's Answer:  You may call my office at 914-468-0968 to schedule a consultation so I may fully evaluate your case.   -- David Bliven, Westchester Child Support attorney (

How do you write a petition?

Q:  My boyfriend is from California but lives in NY now. He has one child but is paying child support for 2 children. California just allowed Monroe county to take over the financial part of his case and now they have put a block on his license. They told us to write a petition to California to try to get the whole case transfered so he can prove he only has one child but we don't know how to and it seems no one wants to be bothered to help us when we ask questions at the child support offices in Rochester NY and when we call California. He just doesn't know what to do but he needs his license to get to work to be able to pay his child support. Please help.

A:  David's Answer:  You need to first challenge SCU's suspension of the driver's license. If they refuse to un-suspend the license, then file an application with the Court for a hearing on the issue - it's Form 4-22 ( Speak to a Child Support lawyer in Rochester for more info.  -- David Bliven, Westchester Child Support attorney (

My ex wife stop paying her child support as she had a stroke and is not able to pay. What happens to the arrears if she files

Q:  for a modification. Does the judge we out the arrears she has accumulated because she was unable to work or does she still have to pay the arrears

A:  David's Answer:  Arrears generally cannot be cancelled. That said, if she is incapacitated, the Court may find there to be a "grievous injustice" if arrears are not modified. You have a right to file an enforcement action - to which she'd likely counter with a modification petition. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Do i need an attorney for the following case in family court

Q:  my ex husband is a nyc fireman we have 3 children , i tried to get a modification in child supportbecause his salary has gone up over 15% since we were seperated and divorcedand in return they reduced his child support obligations , he constantly cancels visitations or just doesnt show up and now i was served with papers trying to change the visitation schedule again , he does not make up the visits he mises at all no effort pleas eadvise i have spent over 90000$ in legal fees and i have no more money available

A:  David's Answer:   I don't understand from this if his income went up how his support went down, unless one of the children became emancipated. As for the visitation case, if you financially qualify, you may apply for a free attorney assigned by the Court. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Modification petition...

Q:  my ex is trying to get back child support for time I was incarcerated and in court ordered one ever told me about a modification it too late to file one on those grounds?

A:  David's Answer:  Unfortunately for you, ignorance of the law is no defense. The Magistrate can only grant relief going back to your filing date. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Thursday, April 17, 2014

Is there really a deadline?

Q:  I recently went to child support court since my ex summonds me. Theres been no court order at all before. There was a temp order made until i am back to work in 1 week. Her lawyer sent me a discovery demand letter and at the end threatened to send by a certain date or she will file a motion to get a court order to get the docs. I have nothing to hide but i will not have 2 pay stubs by her "deadline" date. I've called the lawyers office several times and left messages stating i would send what i have but will not have 2 pay stubs by then. I haven't got a call back at all. If the lawyer files a motion will it make me look bad? Can the lawyer get an order for personal docs from disability and my bank statements? I have nothing to hide just curious.

A:  David's Answer:  You cannot produce that which you don't have, so if all you have is 1 paystub, produce that & when you get the 2d one, produce it when you get it. And yes, a request for production of your disability documents & bank statements are reasonable requests. Speak to a Child Support lawyer in your area for more info.   -- David Bliven, Westchester Child Support attorney (

Child Support

Q:  My daughter's father has not paid child support since november? CSEA just filed a violation of petition.
I have a court date coming up. I was wondering around what the fees would be if i hired a lawyer. I know you can't give me exact amounts but i was just looking for around about figure before i call any law offices

A:  David's Answer:  I'd suggest to use the "Find a Lawyer" tab on Avvo, as some lawyers post their fees on their profile page. If you call lawyers' offices, they should be able to give you a range or estimate on their prices before you come in. That said, if you're looking for a cheap lawyer, be forewarned: you generally get what you pay for.   -- David Bliven, Westchester Child Support attorney (

Saturday, April 12, 2014

Child Support

Q:  Ex spouse signed settlement stipulation for child support. It is now fully executed. The party now wants to change the stipulation before it is entered into court for an order. Is this allowable? Also in stipulation we are each responsible for child's college tuition. She is taking out student loans against my wishes. Is the other party legally responsible for tuition if she wishes to take out loans?

Additional information
Rephrased question: My ex and I both agreed to pay her college tuition with a SUNY Cap. My daughter lives with my ex and is taking out student loans to pay her tuition against my wishes since my ex and I agreed to pay it. Her tuition at the public college she attends is much lower than the SUNY cap. I believe my ex has convinced her to do this to get out of paying tuition. I also pay child support which should be used for her living expenses, so there is no need for her to tale out loans Can she do this? I have repeatedly asked for the tuition bill but have not received it? Are my ex and I obligated to pay tuition if my daughter takes out loans? How can I argue that my ex should be paying a portion of tuition as per our agreement rather than putting this debt on my daughter?

A:  David's Answer:  Preliminarily, it's not so easy an analysis as "most courts will not make parents pay for private college." The law may be different in other states (I don't know), but in NY, the analysis turns on the respective parties' ability to pay. If the respective parties have incomes to not only meet their basic expenses but ALSO contribute towards private education - and same was reasonably anticipated by the parties as an outcome for their child - then the courts may make the parents pay for private school. That said, the legal standard for modifying an agreement is generally "unanticipated change of circumstances." This means it's generally quite hard to change an agreement once it's executed. 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 (

How can I prove my sons mother is presenting fake paystubs for him she made to show his income?what happens after she is caught?

Q:  My son has been working full time since he graduated.I filed for a termination.She had to give me copies of his pay stubs.I found a website with almost the same exact template for sale.I believe that she made the ones she gave me.

A:  David's Answer:  You would need to subpoena the actual paystubs from the employer. They would need to be properly certified by the employer. Schedule a consult with an Orange/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (

My child support can be reduced if I have a change in 15% or more in my income. Do I need an Atty or can I apply to the court

Q:  Its in my agreement

A:  David's Answer:  You are (almost) always better off having an attorney than not having one. Merely because you've had a change in your income only allows the modification to be filed - it does not guarantee the actual order will be modified. You're best advised to schedule a consult with a Dutchess/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (

Confused about what happens with child support , when one of my children come move with me ?

Q:  I'm a non custodial parent of 2 children 13 & 17, I pay 900.00 a month in child support to their mother. My son turns 18 in April and will be moving with me. what action are required to reduce the percentage and will the mother have to contribute toward my 18 year who will be living with me. And if so does any of that amount just get deducted from the amount that I give her for my other son staying with her. Also my medical insurance has increase from 52.00 a week to 155.00. I do have my current wife and daughter on the insurance also. Will judge consider my increase in insurance to the amount of support I'm ordered to pay. Mother only works part time job, making approx. 10.00 an hour.

A:  David's Answer:  You would need to file a modification petition upon the change of custody - in addition to a separate petition asking for a support order in your favor. The court is likely to do an "off-set," meaning just one order giving you credit off your order for the amount the mother would otherwise pay to you in support. Moreover, you need to get a letter from the insurance company showing the additional amount you're paying (or will be paying upon the increase) to cover the child. The Court should also give you a credit for that, but needs the letter in order to do so. Speak to a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (

I am paying only child support for my 2 kids. I am having a baby with my fiancé who doesnt work. Can I get my support modified?

Q:  Paying only child Support and we live in NY

A:  David's Answer:  Generally you cannot get a reduction. The first children to win the race to the courthouse get the first cut of your income. Each subsequent child you have gets a lesser & lesser percentage of your income. It's a built-in disincentive to discourage people from having children they cannot afford. Even if you were to try filing a petition for modification on the basis you present, a necessary element of same would be your fiancĂ©'s ability to earn income - regardless of whether she's actually earning same or not. Schedule a consult with a Dutchess/Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (

Support magistrate was given letters disparaging me request her to recluse herself and she refused stating she didn't read them.

Q:  Turing here she revered to the contents of letters written disparaging me a few times. When si reviewed the file I found many letters many of which I was never copied on along with a copy of s past divorce in a different court fiffernet last name in the file. I think the out come should be void and want a change of venue as the other magistare will know that it was transferred for that reason. What steps do I need to take?

A:  David's Answer:  More facts would be needed as to how the letters got there & in what way the Magistrate referred to them. Generally your remedy is to file an Objection appeal and ask the Judge to overrule the Magistrate. Speak to a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Retroacting child support back a year?

Q: . Can a judge retroact back a year? She saying she can not reimburse me back a year of my daughter not living there cause i did not file court paper but i just found out recently my daughter was not living at her mom. She also stated my letter from the ex boyfriend was just a he/she said letter.

Don't you think that proof and evidence that my daughter was living at boyfriends and not moms house. I had them notarized the letter too. Also the judge state that my daughter could be living at boyfriends house 95% of time and 5% at moms and she could still collect child support is that true?

So the judge is still making me pay child support. Can you help me figure out what i would be paying in child support

A:  David's Answer: If the child is not living with you, then the issue is NOT one of termination of child support. The most you can get accomplished under such circumstances is a change-of-payee. In other words, if your contention is that the child is really living at the grandmother's house, then the most you can accomplish is to have payments go to the grandmother & not the father. If you object to where the child's living, then you'll need to file a custody modification petition. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

Wednesday, April 2, 2014

If I leave my house is that consider abandment? and will have to pay child support

Q:  kids are 18 17 and 14 and will live with both of us going back and forth between the 2 homes. husband makes a lot more money then I do

A:  David's Answer:  Here's the issue regarding child support - if you leave & the children are still residing in the marital residence 51% or more of the time, then your husband will be the custodial parent for support purposes. This means you will pay child support to him - even if you see the children almost as much as he does. Schedule a consult with a Child Support lawyer in your area.  -- David Bliven, Westchester Child Support attorney (

In NYS Family Court (child Support) what can be done when fraud of income can be proven?

Q:  My daughter father established a phony self employed business which I can prove doesn't exists. His state requires a licensee for the type of work. He provided tax returns that reflect the business make a small profit after deducting the "business" insurance, vehicle etc expenses. Along with his finical statement during the last hearing. He is below poverty level. I can prove that he has been working for a relative for many years that this was done to avoid support. If successfully proven can legal fees as well as other moneys owed due to the fraud be recouped. I have other grounds for a modification on top of the fraud.

A:  David's Answer:  Yes, but to apply for fees you need to have a lawyer - thus incurring the fees in the first place. As for the cases of same being granted, it depends in part on the level of "proof" you have. Schedule a consult with a Rockland/Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (