Thursday, December 18, 2014

Child support magistrate committed crime by falsify my annual income buy14,000 so that the petitioner could get more money

Question: I gave my income $6,600,,She wouldn't give her decision at the hearing.3 day's later I get my support order reading that my annual income was $20,800 .She did this with no prove whatsoever.I believe she has committed a crime under 37.09 line (2) of the penal code. Can I have her charged and what do I need to do to charge her.She falsified documents with knowledge that it would change the out come of a official proceeding.This a c class mis. border line felony.Please tell me what I can do,thanks will

David's Answer: No - your remedy is to file an Objection appeal. Bear in mind such appeals must be filed within 35 days of the date the Court mailed you the order. You also have an obligation to order & produce to the court transcripts of all the proceedings held before the Magistrate. -- David Bliven, Westchester Child Support attorney (

Do I have to pay these child care expenses.

Question: I have a child support ordered for my daughter,. I've been paying good and I do have included in the support if there are child care expense I have to reimburse her 50%. At the time she didn't have expense because her mother babysitters her. Now she mailed me a lot of money orders dated back from Sept stating she pay 80 a week to her neighbor to watch my daughter. It's about $700. Do I have to pay this far back? Or did she have a certain time limit to give these to me.

David's Answer: If the order doesn't specify otherwise, you'd need to pay these amounts. That said, I'd suggest you file a modification petition to get the "30-30 rule" inserted into the order - in a nutshell, it means she has to get you the receipts of any unreimbursed expense within 30 days or it's waived, while you'd have 30 days to pay or else be considered in default. -- David Bliven, Westchester Child Support attorney (

Monday, December 15, 2014

Can I file a child support modification

Question: I recently asked the court to order my daughters, father to add her to his insurance. Because he went from a single to a family plan, the judge deducted the amount he would pay for support and credited him that money towards the extra cost he incurred for changing plans. However, the insurance plan he has is the same amount wether u insure 2 people or 10, and I recently found out he added his wife and her daughter to that plan as, well. Can I ask for my child support to be set back to the amount it was, before because I do my feel it's fair he is paying less for support for my daughter if other people in his house hold are benefitting from the same plan?

David's Answer: I think you have a fair shot to do so, yes. File a modification petition with the Family Court & get him served. -- David Bliven, Westchester Child Support attorney (

Saturday, December 13, 2014

Child's father was committed to jail for 45 days for back support of $10,000.00. He could pay $3,000 to get out.

Q:  He decided to serve the 45 days so he would not have to pay anything.. He just was released. How do I get the back child support.

A:  David's Answer:  You'd need to pursue the other collection methods - income garnishment, bank account/asset/property seizure, tax refund intercept, etc. You can keep re-filing violation petitions every 4-6 months to get another judgment as well as for the Court to consider putting him back in jail. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (

Do I need a lawyer to get back all child support payment that was made when I surrendered my parental rights?

Q:  I surrendered my parental rights back in 2009 on 2 of my children and I was paying child support by garnishment of my check by DSS, Family and Children Services. My kids were in foster care since 2006 of September. My checks are still being garnished.

A:  David's Answer:  You'd need to immediately file a petition to terminate the support order. As for the back money, Family Court cannot refund money already dispersed. You would thus need to sue the adoptive parent (assuming they received the funds) in civil court. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

Can I be forced to pay child support?

Q:  I live in New York State. I am the father of two young boys 11 and 13 years old. I won full physical custody of my boys in December of 2013.I make $115,000 a year. My ex wife makes 27 thousand dollars per our custody agreement it states that I am NOT to seek child support until April of 2015.I want to file for child support come April of 2015. However I have been told that I may be instructed to pay child support because of the disparity in income between the both of us. Could this ever happen?

A:  David's Answer:  That depends on the exact phrasing of the custody agreement - if it's shared custody (meaning 50-50%), then you may have to pay some child support to her as the higher-earning parent. If it deems you as the primary residential parent, then there's no way you pay child support to her unless the custody arrangement is modified. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

NCP not paying ordered child care support stating "inapplicable service fees" as the reason. Does he have legal standing?

Q:  I pay a babysitting service company $20.00 each time the babysitter comes to my house for work. I also pay a 6 month contract fee of $100 to have the babysitter's available to me from this company. In addition, I pay the babysitter directly for her time. Non-custodial parent is arguing the $100/6 mth fee and the $20.00/per visit charge is "inapplicable service fees" and therefore is refusing to pay me for the incurred expenses for 50%, court ordered child care. Is he correct? Also, court ordered is 50% activity expenses for children. Children attended summer camp but were away from the camp during non custodial's parenting time for 10 days. The camp does not prorate for this absence. Non-custodial is refusing to pay for his 50% of camp cost during the time children were with him.

A:  David's Answer:  I think the NCP loses on both counts. While the issue of the babysitter surcharges is a closer question, I think the odds are in your favor. Thus, you should send him a default notice letter requesting that he put the arrears, or else. If he fails to, file a violation petition. Schedule a consult with a Westchester Child Support lawyer for more info.  -- David Bliven, Westchester Child Support attorney (

Am I entitled to an increase in child support ?

Q: I'm custodial parent in June me and the kids mother came to an agreement that she would only pay $50 a week in support for 2 children. We agreed out side of court and then made it official with the court. Which at the time was fine because I was making "good" money . But now 6 months late my hours were dropped 20 hours each week and just after I purchased a home to accommodate the children need more room. I used to work 60 hours and now im only working 40 hours . Will the judge likely make her pay what the child support standard acts say she should be paying if I requested and increase?

A: David's Answer: The standard for modification is if you've either had a substantial change of circumstances and/or a 15% change of income. Assuming the cut in hours not thru any request or fault of your own, and further assuming this resulted in a significant decrease of income, I feel you have a good shot to modify upward. -- David Bliven, Westchester Child Support attorney (

My ex and I split unreimbursed medical, including orthodontia. My daughter now tells me the recently chewed up retainer is my

Q:  ex's fault, and my ex claims to have accepted the blame in my presence just to smooth things over. (The dog got to it.) Do I need to split the cost of the retainer in this instance, even though the mangled retainer seems to have been my ex's fault?

A: David's Answer:  Communicate with your ex on the issue. If your ex accepts that s/he will pay 100% of the retainer cost, then capture that with a confirmation e-mail. Schedule a consult with a White Plains Child Support attorney for more info.  -- David Bliven, Westchester Child Support attorney (