Wednesday, July 23, 2014

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 (

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 (

Saturday, July 19, 2014

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 (

Wednesday, July 16, 2014

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 (

Tuesday, July 15, 2014

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 (

Monday, July 14, 2014

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 (

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 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 (

Saturday, July 12, 2014

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 (

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 (

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 (

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 (

Tuesday, July 8, 2014

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 (

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 (

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: Schedule a consult with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (

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 (