Friday, June 27, 2014

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)

Wednesday, June 18, 2014

"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)

Wednesday, June 11, 2014

"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)

Saturday, June 7, 2014

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)