Thursday, August 21, 2014

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)

Saturday, August 16, 2014

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)

Monday, August 11, 2014

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 AnswerFortunately 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)

Thursday, August 7, 2014

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)

Wednesday, August 6, 2014

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)