Saturday, January 17, 2015

DISMISSED WITH PREJUDICE/DISMISSED W/O PREJUDICE - CHILD SUPPT ARREARS

Q:  Modification Petition from Suppt. Magistrate was dismissed with Prejudice (child suppt. arrears). Then on last page of Order of Dismissal it states that it is ORDERED that the petition herein is dismissed without prejudice. What does this mean? Does it mean that objections can be filed with a Judge? Can I go to Court of Appeals after that?


A:  David's Answer:  You can (almost) always appeal a final order - regardless of whether it's "with prejudice" or "without." "With Prejudice" means you cannot re-file the same petition with the same set of facts again. That said, denial of an Objection appeal to a Judge then would be appealed to the Appellate Division, then (if necessary) to the Court of Appeals. Schedule a consult with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I received a Decision Order from the Support Magistrate on Sept 8 saying that I no longer have to split babysitting with my ex

Q:  ....since my daughter is over 13. A few days later my ex submitted an Objection. I submitted a Rebuttal on October 10. My ex then submitted a Reply Affidavit on October 15. I ignored it, but I haven't heard back from the court and it's now 3 months later. My ex owes me almost $1,000 for the time between my original petition and when the Decision Order was signed. What should I do?


A:  David's Answer:  While the Judge generally has up to 60 days to render a decision, this time frame is routinely extended due to either backlog, the Judge waiting for transcripts to come back, etc. You can always try calling the Court Clerk just to confirm they have received everything & passed it along to the Judge. Schedule a consult with a Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Are temporary orders of support in regards to child support and maintenance usally be perminent once the judge rules in trial?

Q:  I was just curious what the liklyhood that the temp. order of child support and maintence can be reduced? also if they requested i pay lawyers fees and the judge just ordered 12.5% of thair request in the temp order, would that same trend of 12.5% follow once the judge rules in trial for any additional lawyers fees the other side may request?


A:  David's Answer:  Let's put it this way, the side who wants a change in the temporary order must ultimately prove that change at trial. Thus, they must develop a basis for the change thru the process of disclosure. If they don't, then the Judge will most likely stick to something close to the temporary order. Schedule a consult with a Rockland/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is Child support a tax deduction in Ny

Q:  I don't know more details on it


A:  David's Answer:  Child Support is neither deductible by the payor nor includible as income to the recipient. Schedule a consult with an Orange/Westchester Child Support attorney for more info.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Saturday, January 10, 2015

I want a child support increase , how do I make this happen?

Q:  I want to have my ex pay more child support , I had agreed to $50 dallors a week 8 months ago threw court. When she should be paying $104 . I've had to expand and buy a house to accommodate everyone. My expense are higher and my medical increase. 8 months ago the $50 was ok but it doesn't go far anymore.


A:  David's Answer:  If filing a modification prior to 3 years having passed since the last order was set, you have the obligation to prove a substantial change of circumstances. As to whether you'll be able to satisfy same will depend on an analysis of your individual finances. As such, you should schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.    -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My kids and I live in NY, their dad lives in Mexico, can I sue him for child support?

Q:  He lives in Mexico city, has a new wife and a child, in the divorce we agreed on one amount, how do I know if thsi was fair and if I can sue him for child support from ny


A:  David's Answer:  Where did you get divorced, in Mexico or in NY? If in NY, then did he consent to NY having jurisdiction? If yes, then the child support should've been contained in the divorce judgment. If you divorced in Mexico, then further facts are needed to assess whether you'd be able to get jurisdiction over him here. Schedule a consult with a White Plains Child Support attorney for a full assessment.   =-- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)