Iam 63 years of age, im disable an on ssi and retierment income of 800 $ pay 775. rent i owe 1100$ in back child support

Q:  can they take 300$ out of my ssi check ? i have not got a thing but the room iam in . if they do i have to live in the streets. i have canser, i had 7 mager opts and diabetic foot .hept c liver problems. my son is now 37 .

Additional information

 

i forgot to say the 1100 $ is a judgment against me from about 20 years ago .

A:  David's Answer: A garnishment can indeed be entered on your SSI check. That said, you probably fall below the "self-support reserve," which is the minimum amount the law states you must be left with after deducting the child support. You can make an application to SCU to reduce the amount of the garnishment - and if unsuccessful there, you may file a petition with the Family Court.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I have to pay CS in NY for a 19 YR old son.He has graduated and works full time ,making more money then me .Can it be dismissed?

Q:  he still lives home with his mother


A:  David's Answer:  The issue isn't merely whether your son has a job - the issue is whether he is completely self-supporting. In other words, does he make enough money to live on his own if he chooses to? Be prepared to show the Magistrate what average rental prices are for a 1-bedroom apartment in your area, as his expected expenses will need to be contrasted with his income. Schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Does suspend child support start at petition date or judge agrees date?

Q:  my ex has alienated me from my children. my children do not want to see me however they are twin 10 year olds. my ex has full custody because I was given bad advice from my first lawyer. I have another lawyer now. my ex was found in contempt of court and violated the custody agreement many times over. I have filed that I should not pay child support until regular visitations resume. when the judge supports my petition to suspend child support while we work on getting regular visitations (there are none now at all) does that start from the date we filed petition to suspend child support (as we said in petition) or does it only start on the day that the judge authorizes our petition?


A:  David's Answer:  Generally relief is granted retroactive to the date of your petition. If you wish to make the argument (likely to be unsuccessful in any event) that relief may be granted prior to that, it should have been alleged in your petition. That said, any implication by other attorneys that you cannot get a reduction or suspension of child support based on the custodial parent's willful violation of visitation is simply dead wrong. There is a plethora of appellate cases from all around the state which supports your argument (see, e.g., Lew v. Sobel, 91 A.D.3d 648, 936 N.Y.S.2d 554 (2d Dept. 2012)). Schedule a consultation with a Rockland/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Social Security Disabled Child

Q:  One of my children is 23 years old. Been advised to apply for SSI. If I receive child support for this child (I have been divorced for quite sometime), will that impact the child receiving SSI? Child has had disability since at least age two, if not earlier.


A:  David's Answer:  No, receipt of social security does not impact child support. That said, my question would be until what age does the divorce agreement provide for child support to continue? Schedule a consultation with a Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I personal send subpoenas to banks for my exes statements for child support case?

Q:  Don't trust him to produce appropriate documentation so I want to subpoena all record from credit cards and bank accounts for our next child support case.


A:  David's Answer:  You cannot serve same personally. Not only must the subpoena by signed by an attorney or by the clerk of the court, but someone else who is at least 18 years of age must be the person to conduct service. Schedule a consultation with a Child Support attorney in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can i re petition my ex back for more child support while my custody case is on going?

Q:  currently I am scheduled for trial for custody. But when my child support case was going my ex cut back on his hrs. So that i couldn't get the full child support that i was due to get. Now that the support case is closed he's back to working his original hrs.


A:  David's Answer:  How long ago was the support case done? If it hasn't been 3 years, then you will need to prove that the increase of his hours has also caused a "significant" increase of his income (generally 25% or more). Schedule a consultation with a Child Support attorney in your area for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my ex-wife signs a paper giving me my kids for six months a year do I still have to pay her child support?

Q:  we just got our divorce and now my ex-wife wants to change the visitation from me having my kids every summer to me having my kids for six months a year when I told her I would take it but would not pay her child support she said I would have to. she is willing to sign a notarized paper but I don't feel I should have to pay her still if I have them for that long and I should be able to claim them on my taxes for those six months. also she is on social services should she change that also if they are with me that long if she does not can I get in trouble for having them. in the divorce I am paying her child support but not for the summer when there with me


A:  David's Answer:  You can file a petition to reduce the child support, but generally if you have shared custody you would still need to pay some support if you earn more than her. You should first use the notarized letter to get a modified custody order, then move to modify child support. Schedule a consultation with a Rockland/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How does someone go about collecting delinquent alimony and child support.

Q:  My girlfriend's ex has not been current with his support and maintenance payments for some time. He has been running one month late on his payments for several months. Now he has refused to pay this month, effectively making him 2 months in arrears. He has recently filed to have alimony modified and/or terminated. My girlfriend cannot afford an attorney as she can barely pay her bills because of these delinquent payments. How does she go about seeking a remedy to this issue? Also, her ex is himself an attorney and should realize the ramifications for non-payment. Could his refusal to pay have any consequences on his law practice?


A:  David's Answer:  You can file an order to show cause to reduce any arrears to a money judgment. You can then use the judgment to enter a garnishment on his wages and/or seize his bank accounts. Schedule a consultation with a Westchester/Rockland Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay child support for a child thats not biologically mine.

Q:  The child is eight years old, the mother went on public assistance, I signed acknowledgement of paternity 4 yrs after he was born.....not knowing the repercussion..and I paid for the dna test, and showed the results........


A:  David's Answer:  If you signed the acknowledgement of paternity & failed to move to vacate it within the prescribed time, then it doesn't matter anymore than the child isn't biologically yours. That said, the worse that happens is the court says no, so you can always give it a shot. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc

Q: I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.


A:  David's Answer:  I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Time Limits on Requesting a DNA (Paternity) Test

Written by David Ivan Bliven

White Plains Child Support Lawyer

 

Many fathers unwittingly sign the "acknowledgement of paternity" form when their baby is born, not realizing that this form then puts a time limit of 60 days (generally) as to when they must request a DNA test.

1 - 60 days - or be prepared to prove fraud (or some other ground)

Generally, when a new father signs the acknowledgement of paternity, he generally has up to 60 days to move to revoke the acknowledgement by asking for a DNA test. If he does not, then he must generally prove "fraud, duress, or material mistake of fact." This requirement is usually not satisfied by claiming "she told me the child is mine & now I have doubts."

2 - If you have even a 1% doubt you are not the father, don't sign the acknowledgement

Many hospitals push both forms in front of the new parents & ask the father to sign both. Sometimes nurses mistakenly explain that the father must sign the acknowledgement of paternity in order to have his name placed on the birth certificate. This isn't true! The mother can put down anyone's name as the father on the child's birth certificate - placing the name on the birth certificate (in itself) does not establish paternity rights. Thus, if you have even a small doubt as to whether you are or are not the father, don't sign the acknowledgement of paternity. Just have the mother list your name on the borth certificate (if you both want it) & then go back to celebrating. You can always sign the acknowlgement of paternity at a later time.

 

www.blivenlaw.net



Ordered to pay child suppt arrears a few yrs ago but I was at Fedl Poverty Level. Is there a statute of limitations?

Q:  I'd like to have it appealed but dont know if it's too late.


A:  David's Answer:  If the arrears were reduced to a money judgment, then the statute of limitations is 20 years. That said, most of the time, the money judgments are simply folded into subsequent judgments, so it's really 20 years from when the underlying order expires (i.e., generally 20 years after the youngest child turns 21). Additionally, you generally have up to 30 days from notice of entry of the order to file an Objection appeal. Schedule a consultation with a Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

One parent with two different child support cases.

Q:  I have two daughters with my first wife and one daughter with my soon to be ex -second wife. I already have an order for my two eldest children and will be going to court in two weeks for my youngest. Will the judge take into consideration that I have 50/50 custody of my first two kids? I pay very little to my first ex since she and I make similar incomes. How is the second case determined? Any help is appreciated. Thank you


A:  David's Answer:  Yes, the Magistrate should consider the prior order. Be sure to bring with you both the order & the proof you are paying same. It should then be subtracted off your income before the Magistrate calculates support for the 3d child. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Save now for college - or pay alot in child support later!

Written by David Ivan Bliven

White Plains Child Support Lawyer

Many parents who pay child support for a minor child (or children) don't realize that they generally must ALSO save towards college.

Start saving now

I had a potential client walk into my office & say the Support Magistrate was about to assess him with a share of his son's college tuition - in addition to paying basic support. He said the tuition was $20,000 per year, and thus his share was $10,000. He said he didn't have $10,000 to give, in addition to paying the basic support. Having fully reviewed the facts with him, my basic conclusion was: he's screwed! He didn't save all along & could have reasonably anticipated his son would go to college. He otherwise had the financial means all along to put aside a small amount of money - which over the years would have built up enough to pay. He didn't do so, and thus is now being hit with the large bill.

Lesson: Start a 529 plan

As such, the lesson is to start a 529 plan today while the child is relatively young. You get a tax deduction for the amount you save - and thus won't have a large bill you can't afford to pay when they turn 18 and go off to college. NY Child Support law generally requires a parent to pay their share of college in addition to basic support so long as (a) the parent has the financial means to do so (or had such means & just foolishly failed to save), (b) attendance at college could be reasonably anticipated.

www.blivenlaw.net
 

When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...

Q:  If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?


A:  David's Answer: Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How do I go about getting the back child support that is owed. The state is not doing anything

Q:  He is doesnt have a license so taking it away is not an option. He doesnt care that he owes this money and refuses to pay


A:  David's Answer:  You would need to file a violation petition with the Court which issued the order (presumably Rockland Family Court). There are many other options other than license suspension, such as garnishments, freezing his bank accounts and/or seizing assets. You should schedule a free follow-up consultation with a Rockland/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Westchester: Discretionary amount of child support above $136,000 combined income?

Q:  Household income = $242,900. He does not want to pay his pro rata share (46%, or $1187 per month) on the income above $136,000. I think he should. We cannot agree, and it looks like this may go to court. How will a judge be likely to rule, given that no other circumstances affect his ability to pay (as per step 11(c) of the child support worksheet, including prior support obligations, etc.). Thanks.


A:  David's Answer:  What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What does it mean when you're told your support application is "light"?

Q: My soon to be ex's lawyer contacted me and said that my support application was "light". They are now asking for pay stubs and w-2 forms which have already been submitted. Can you tell me what this means?


A:  David's Answer: It's hard to say what is meant by that. If you have a modification petition, perhaps the lawyer meant that the basis for modification was arguably insufficient from a legal standpoint. You're best advised to schedule a consultation with a Putnum/Westchester Child Support attorney for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is my New Jersey employer under any obligation to collect NYS child support? Can they collect it and pay if i request it of them

Q:  I just started a job in new Jersey. The support is court ordered and paid directly to support.


A: David's Answer:  I see no reason why it would not be collectible. Make sure NY SCU has your employer's information. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My daughter will turn 21 in Jan and is a fulltime student. can I still collect support for her until she graduates in NYS?

Q:  Now support I receive pays for her apt. I cannot afford this without the support and I am afraid he will not continue to support her.


A:  David's Answer:  If you do not have a prior written agreement from the other parent to extend support until she graduates, then any further support must be on consent. In that instance, contact the other parent & see whether s/he will agree. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is it wrong if I withhold $ due to a discrepancy in child support when my ex is in arrears with daycare reimbursement for 4+mos?

Q:  We have a divorce decree, he is ordered to pay child support and % daycare and medical. He is over 4 months in arrears with daycare reimbursement, csu deducted the wrong amount in October for child support and although he is in arrears with daycare reimbursement he is demanding I reimburse the discrepancy which is way less than what he owes for daycare.


A:  David's Answer:  I would advise to write the father with the following proposal: either you be allowed to treat the discrepancy as an off-set, you else you'll need to go back to court to enforce the arrears, in which case he'll be hit with interest and counsel fees. If he chooses the "hard way," then hire a lawyer & file the application. Speak to a Dutchess/Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Is father financially liable if he grossly underrepresented his income for child support?

Q: This question is regarding a 2009 child support order, and a 2010 order upon support for an educational trust. I found out that the child's father grossly under-reported his income to the court. Instead of earning $150,000 a year, he actually earns $750,000. The child was entitled to share in her father's wealth and standard of living, and was deprived of it due to his lie. I have copies of pay stubs over a three month period to prove it. It is also on documents from another court (he is not aware that I have these documents in my possession, or that I am aware of his true income). Is the child entitled to back child support for what the amount "would have been" had his true income been taken into consideration in 2009 and 2010? How do I proceed?


A: It is doubtful, but one would need to know in what manner did he misrepresent his income. Did he produce tax returns & W-2's & those were fraudulent? Or did he just orally state what his income was? If there is so much money at stake, you should definitely retain a lawyer to assist you with the case.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I get arrears waived in NY?

Q: I have been paying support for 16 years. Was petitioned in 10/12, court date 12/12 custodial parent did not show up. New court date in 4/13 custodial parent attends with out paperwork. Finally appeared on 9/13 and I am in arrears for over $10K. Shouldn't the arrears be calculated from the date parent finally came prepared for court?


A: No, because the arrears flowed from the date of the prior order. If you mean retroactive support (not technically arrears), then answer is also no, as the Magistrate would have (implicitly) determined that was the proper amount you should have been paying all along.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my ex took a voluntary layoff to receive funding go back to school, can he now collect child support from me?

Q: he took this layoff in January, voluntarily, and was accepted into a gov subsidized second careers program. He now only collects the money they offer for schooling support and has come to me to take me for child support. I have been paying for all of our daughters expenses (clothing, extra curricular activities etc) since January and have kept receipts.


A: I'm confused by your question - are your children residing with the father? If yes, then you do indeed need to pay child support to the father regardless of his job situation. If the children are residing with you, on the other hand, then the father owes child support to you, not the other way around.  -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

Is offsetting of medical bills a violation of a decree? How about unilateral religious decisions for a child?

Q: My ex did not directly pay me her portion of an orthodontia bill, but prepaid
4 months (on my account ) instead so that could claim FSA savings.  She then billed me $3 for the difference!  I am taking her to court in two weeks in search of proactive modifications to prevent such behavior and to ensure she reimburses me on time consistently. She often does not.  She also unilaterally decided to put my son in church confirmation classes and then withheld information on it.  What are my chances of getting modifications such as prohibiting offsets, time limits on reimbursement, and agreement(s) on religious decisions?    


A: I'm not sure I understand what you mean by "off-sets" in your context. Generally though, one needs to strictly follow the agreement as stated. If one does not, one risks a default by the Judge & thus possible sanctions and/or counsel fees.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can a parent legally receive child tax credit refund for child not living with them?

Q: Child was sent to Mexico from April '08 - August '11. I went with the mother to tax preparer and when he asked where the child lived each year she claimed it was NY, but at the time he was in MX on "vacation". I know for a fact that the child lived in MX for continuous period of 3+ years so would his mom legally be entitled to claim him on taxes for the time period he did not live with her in NY? Mom is undocumented immigrant and father is not at all involved in child's life.


A: No - if the child was not residing in the U.S., the parent cannot claim a tax deduction for the child with the IRS.  -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)

How to collect child support arrears:Court's clerk and/or NYS Child Support Enforcement erred re judge's CONDITIONAL Order?

Q: "Old divorce" found in court records contain judgment of divorce and separate, "not to be merged" Stip of Settlement. Judge's order granted waiver of child support/pendente lite arrears ON CONDITION that ex was to cooperate in selling all marital real properties. Ex deliberately went underground, never cooperated, childrens family home foreclosed, other sold but no monies were given to satisfy arrears. In contacting NYS Child Support, it claimed not to know anything about the judge's CONDITIONAL order. In calling the court clerk who said that the judge's order must have been misinterpreted at NYS CSU, but that on review of my JOD and Stip, pendente lite order arrears should NOT have been irradicated UNTIL and WHEN equity money from marital real properties was distributed to plaintiff. After many years ex re-surfaced in NY. He has bought, sold other real properties since divorce, some paid in full way before mortgages due. Presently owns minimum two properties, one paid off completely after having mortgage only six years (he resides in this one). Want to obtain money judgment, attach all assets, especially real properties, bank accounts (he inherited quite largely), etc. Also want him to pay all legal fees as he deliberately, with much aforethought, DENIED his children their rightful upbringing and place in our society by his stealing what should have been theirs and denying me as I struggled terribly, financially, to keep the roof over our heads and food on our table. He was selfish and cruel to have done this to his family.


A: You would need to file an order to show cause in the original issuing Court. Depending on exactly how the settlement & Judgment read, it's possible to get the arrears enforced as well. Counsel fees are usually granted upon the Judge finding that he willfully violated the order.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to pay child support until 22 if child is attending only 2 days a week and doing homestudy for the rest?

Q:  Child is 21 and has been a in full time college and lives with her mother. NY decree says child support until 22 if she is a full time student. Child has never had a job and doesnt plan on it. Doesnt drive also. She was in school 4 days a week but now is going to attend 2 days a week and do independent study for the rest of her classes. Do i have to pay the last years child support? Will a judge still consider that full time schooling and would her never working even a part time job in her life go against her at all? Custodial parent hasnt worked in 3 years also.


A:  David's Answer:  What matters is whether the school considers that "full-time." If she is taking 12 credits, that's probably considered full-time & thus it doesn't matter how many days she's actually on campus. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What to do if Mother of Your Child Threatens Support - but You're Already Supporting Another Child

Written by: David Ivan Bliven                  

White Plains Child Support Lawyer

In NY, child support is calculated 17% for 1 child, and 25% for 2 children. But what happens if you're being threatened with a child support case, but already are supporting a child from a previous relationship?      

1 - Get a Written Agreement

The very first thing you should do - if you do NOT already have a child support order for that 1st child - is to have a written agreement drawn between you & the mother of that 1st child. The agreement should be drafted by a capable child support lawyer, as there's particular language which should go in there so it's valid.

2 - Ideally Get the Agreement Reduced to the Form of an Order

You are best advised to then file a petition in Family Court & get a Support Magistrate to issue a court order based on the agreement. Then if the mother of the 2d child files a petition for a support order, you can produce a copy of that agreement and/or order, along with proof of payment, and you should receive a credit for supporting that 1st child.

 

(www.blivenlaw.net)



Contributing toward children's college expenses - start saving now!

Contributing toward children's college expenses - start saving now!

Written by: David Ivan Bliven                  

White Plains Child Support Lawyer        

• Child Support
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Many parents who are divorced are worried about child support - either enforcing it or having to pay it. Because college for their children is often a long way off, some don't think about it while dealing with the other issues. But college is a big expense & has a way of sneaking up on you.

1 - War story from a past potential client

A guy came in to see me saying the mother of his child was suing him for 50% of college expenses. He said he was already paying basic support & simply didn't have any money left. I reviewed his settlement agreement - it clearly said he was to pay for college. Bottom line: he was screwed! Lesson learned: save for college when they're young!

2 - In New York - child support continues thru college!

Child Support in New York generally continues until age 21 & thus includes payment towards college expenses. If the parent did not start a 529 plan early on, then s/he will still generally be liable for their share of college expenses - whether they can afford it or not. As such, if you have a child in grade school, it's best to start a 529 plan now or else set yourself up to get screwed later (or hope they attend public school). Support Magistrates will most likely impose the expense of college on the non-custodial parent even when he/she is already paying basic child support. Thus, it's a double-whammy: If you're making $50,000/year, you could already be paying $150 per week in basic support - and then on top of that you could be $100 or more per week towards college expenses. Lesson: save now or hurt later!

(www.blivenlaw.net)

 

Can a 15 year old vehicle titled to myself and another be seized in nys for child support judgment, vehicle reg to me.

Q:  judgment has been valid since 09,they JUST swiped my bank acct so it seems like they are just NOW REALLY attacking me. i have been just recently paying it down..judgment is less then 6000. kicker is i HAVE my girls


A:  David's Answer:  The age or value of the vehicle wouldn't matter as to whether they could seize it, what matters is whether you have an ownership share. That said, the other owner would be able to contest the seizure & should immediately speak with an attorney who handles debts matters. If you now have the children, that's certainly a basis to terminate the ongoing support order, but the other parent would still be entitled to enforce the arrears. For a full assessment, schedule a consultation with a Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Will my live in girlfriend's income be considered for my child support?

Q:  My ex and I have three kids together. My ex recently filed for support and we share joint custody. Will my girlfriend's income (she and I have been living together for three years now) be considered in my child support?


A:  David's Answer:  Your girlfriend's income will not generally count as your income for child support purposes, unless she is supporting you. Schedule a consultation with a Westchester Child Support lawyer for a full assessment.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

When my son turns 18 in 6 months he is planning to go move with his aunt (mothers sister). Child Support...

Q:  If my son chooses to move with his aunt at age 18, will me and my ex be responsible for supporting him at the aunts house. I know NY states says 21 but I wasn't sure if he was choosing to move away from both parents if we could still have too. And if so how would that work ? I'm pretty sure that if we do the sister isn't going to take support money from her sister. Would support judge garnish her wedges as well ? Right now I pay my ex 25% for my 2 children if my 18 years old chooses to move do I have to pay each house hold 17% because it would be split? Thanks hope its not to confusing ?


A:  David's Answer:  Yes, conceivably you'd still need to support the 18yo if he's not working (& thus financial self-sufficient). If the move is without the parent's consent, you may argue that he's emancipated himself by virtue of his action. Otherwise, it would generally be up to the aunt to sue for child support, at which time the Court could indeed take a portion from both mother & father's income. In any event, I advise that you schedule a consultation with an Orange/Westchester Child Support attorney for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My daughter in law lives in aruba. has child 6mths old. father is nyc cop. how can she get child support?

Q:  they were married 1 yr ago.


A:  David's Answer:  She can file the proceeding in Westchester Family Court - so long as he resides in New York, then that state would clearly have jurisdiction over him to proceed on the support matter. She may also wish to consider filing for divorce, as she may qualify for spousal support as well as asset distribution (though probably not that much given the short-term duration of the marriage). In any event, have her schedule a phone consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Will my ex go to jail for non-payment of child support ?

Q:  I had my ex husband in court on Sept. 25, 2013 for a Willfulness Hearing for not paying his court ordered child support.
While in front of both the Support Magistrate, and the judge who ordered the support, he waved around a pay check stub for $3,000 take home pay.
Since our last court date, he has paid one payment on October 2, 2013 for the normal weekly amount if $151.00, and has not paid a penny since.
His current support arrears are well over $3,200. I have ascertained prior child support arrears via a QDRO which was taken from an Annuity at his union, which he still has money in.
I am preparing another QDRO to attach the remaining annuity funds for the current arrears up to our next court appearance in December.
Can the Judge find him in contempt and sentence him to jail ?


A:  David's Answer:  While possible, it seems the much more likely thing the magistrate will do is to order that his wages be garnished. Moreover, the Magistrate can issue a money judgment which you can use to seize funds from his bank account. If you don't already, you should strongly consider having the support paid via Support Collection Unit. Speak to an Orange/Westchester Child Support lawyer for a full assessment.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Why is a man more likely to pay child support on time

Q:  Why is a man more likely to pay child support on time, if the mother makes sure her daughter sees her daddy every day and makes sure that he has a very good relation ship with his daughter, than a women who interferes with his parental rights? Her daughters lives with her mother, but spends more time with her daddy than with her mother. She has a very good relationship with her daddy.


A:  David's Answer:   I'm not sure that's true, but your question is more of a sociological question than one asking for legal advise. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my original order of support says i have to pay until hes 18 but they changed the law until 21 do i have to pay

Q:  i am in new york and the law just changed a few years ago and i'm curious how this will work


A:  David's Answer: New York law has been 21 for at least 3 decades. That said, whether you have a basis to modify depends on what state issued the original order & whether that other state (if it wasn't NY) still has continuing jurisdiction. Also, I'd wonder whether your original support was done pursuant to an agreement, as opposed to a "mere" order. For a full assessment, schedule a consultation with an Orange/Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If my daughter decided she wanted to file for child support from her dad, would I also have to pay?

Q:  Our daughter is 19 and in college. Her father and I have split up. Her home when she's not in school is my house. If she decided to file for child support, would I have to pay into it?


A:  David's Answer: Generally-speaking, no. You would be considered the custodial parent for child support purposes. For a full assessment, schedule a consultation with an Orange/Westchester Child support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Interrogatories- Child Support My ex served me a list of interrogatories to answer and I provided all information requested.

Q:  I then served my ex with the same list. When I received my ex's answers, the notarized financial affidavit she submitted states she pays rent each month but on the list of interrogatories, she noted that she could not provide a lease. If she is stating that she pays rent each month, shouldn't she be able to provide a lease just as I have? I know she lives with her parents so maybe they have an agreement. Could that be why she isn't able to provide a lease?


A:  David's Answer:  It is certainly possible she has an oral lease. You may serve her with a demand for discovery & inspection and request that she produce a copy of any lease. Or you may ask her at trial. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Over payment on my child support account

Q: I have an over payment on my child support account and I requested a refund of that amount and was told that it was denied because the over payment is less than the obligation amount and that one payment needs to remain on file? Is this correct because is doesn't make any sense


A:  David's Answer:  Generally overpayments of child support are non-refundable - at least not by Family Court or by SCU.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do i need to go back to court?

Q:  Am i responsible for 100% of day care costs as a non custodial parent, when my childs mother is currently employed full time? As of now, it states nothing in the order regarding education. Just that i must provide medcal insurance if available with the 80-20 split.


A:  David's Answer: The answer depends on what the current order of supports says. If the current order does not address payment of child care, then you're under no legal obligation to pay anything (though this may prompt the mother to file a modification petition). For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net

Should he ask for the children to be giving a lawyer for his case

Q:  I have a friend who is going through a divorce and his wife wanted him to have supervised visits because his girl ages 6 and 2 have not seen him in almost three years. with his lawyer he agreed to the visits to see his girl this would be the only way cause she was not allowing him to. the first visit the girl ran to him and were happy she cancelled the next visit then this visit they change the younger daughter cried for her mom the oldest would not talk out loud she only whispered to him. I told him he should ask his lawyer to have the courts give the girls a lawyer something is wrong. the mom has no job and just lost her apartment she refuse to let him know were they live he pays $500.00 a month in childsupport. she has a court ordered lawyer cause she could not pay.


A:  David's Answer:  Preliminarily, you posted this under the category of "child support" - you may get better replies if you re-post this under either "divorce" or "child custody." That said, to get a lawyer appointed for the children his lawyer would need to file for a preliminary conference & raise the issue with the Judge. For a full assessment, schedule a consultation with a Rockland/Westchester Divorce attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

In regards to NYS child support, does my new wife's pay check affect my support? I am disabled and not working

Q:  I have become disabled and have applied for SSDI, I am currently receiving LTD. My job has terminated my position because my MD will not allow me to return to work. I need to file a modification of support because my income is strictly disability. Also I want to put my children on my new wife's insurance plan is that ok? SSDI has informed me my daughter will receive a check once I am approved, does that effect my support?


A:  David's Answer:  You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How long do you have to serve the other party if you file a support modification?

Q:  Our hearing is in 4 weeks and not served yet. Can I have someone else serve him by mail?


A:  David's Answer:  While some courts mail out the summons, you should be aware that mail service is insufficient to proceed on default if he then fails to appear. You have to serve him 8 days or more before the court date (thus, don't count the court date & count back 8 days). It's best to have him served via a licensed process server. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How do you prove to the court that a NCP is voluntarily reducing his work hours so that he can reduce his child support?

Q:  My ex doesn't like the child support orders, so he has been reducing his hours at work and not working any OT so they can't take out the full support amount and his income looks lower.

He is doing side jobs for extra money, cashing out his 401k with large withdrawals, and selling stuff all with the intent to bring extra income that he won't disclose to the courts, but bringing a modification request only disclosing his lower income.


A:  David's Answer:  His problem will be that ALL income counts for support purposes, and that includes draws from one's retirement. Moreover, if he wants to be successful with the argument that his overtime was reduced, he'd need to (at the least) provide an affidavit from his employer saying his overtime was reduced thru no fault or request of his own. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can a non-custodial parent file for a child support modification when a divorce action is still pending in another state?

Q:  I have a NY child support order from 07/12 and still have a divorce pending in WA state. I was awarded an order of default because of his failure to provide discovery but the divorce decree is still not signed and yet I found out a few days ago he filed for a child support modification in NY already.


A:  David's Answer:  If he filed for divorce in WA, most likely that state wouldn't have jurisdiction over the child support issue. It largely depends on whether he also asked the WA court to assume jurisdiction over the support issue, as he can't have 2 applications pending simultaneously in 2 states. For a full assessment, schedule a consultation with an Orange/Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What should I expect at child support hearing?

Q: I recently filed for child support and my hearing is on November 7th. I tried to work out with my daughter's dad but I am only receiving $30 for health insurance reimbursement and $120 a month for afterschool (essentially $30 a month). He offered an extra $200 a month and suggested I not go to court as they will not make him pay more than he can. We have joint custody but I have my daughter 5-7 days (depending on alternate weekends), I pay for doctor's visits, clothes, food, breakfast/lunch by myself, laundry and anything additional. What should I expect when I go to court? I am nervous about going as I make more than he does but I need help. I cannot do all of this by myself.


A: You should contact a Westchester attorney for a consultation. That said, you must prepare your financial disclosure affidavit and be prepared to present your '11 tax return, W-2 & a recent paystub. Whether you make more than him or not shouldn't matter as a percentage of support will still be based on his income (17% for 1 child, 25% for 2 children, etc.). Another good resource is https://www.childsupport.ny.gov/dcse/home.html.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I live in NY and need to fill out financial affadavit. Do I include child support for other children as income?

Q: I have 1 child from previous marriage and father is seeking child support. I have 2 other children that live with me that I support. Do I include the child support for the 2 other children as income on my financial disclosure statement. How do I fill this form out correctly.


A: In brief, the answer is yes, you should disclose receipt of the other income. As for additional questions you may have on filling out the affidavit correctly, you should follow-up with a Family Law attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can my ex wife stake claim to my new wife's income

Q:  I am disabled and so is my ex wife spousal support ended with me becoming disabled. Can my ex wife try to receive any money from my new wife


A:  David's Answer:  It is unclear whether you are making a statement or asking a question in your phrase "is my ex wife spousal support ended with me becoming disabled." If you're posing a question, the answer is that you'd need to file a petition to modify or vacate the spousal support order (assuming there is one in place). Also, if it's your ex-wife, then you would presumably be paying maintenance, not "spousal support." Finally, it's not that your new wife's income could be garnished, but if she's essentially supporting you, then the Court could consider that you, in effect, do have an ability to pay at least the arrears. You're best advised to schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment.   --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I sue a woman for money I spent on her child thinking that it was ours?

Q:  If I were to find out that a woman has been lying to me for months leading up to the birth of who I thought was my son and 7 months after having me believe he was mine and I've spent thousands of dollars on him would I have a strong enough case to sue her for the money I spent under false pretenses? Is this something I could actually take to court?


A:  David's Answer:  Probably not - but this would not be a "Child Support" issue, so I would suggest to re-post your question to a general litigation attorney.   --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support Modifications..

Q:  My husband pays his ex $70 a week for child support. Plus an extra $10 for child care that shes does not pay for. Her mother confessed she doesnt charge her. She does not pay rent etc. Live with her mom. Anyways my husband was making $300 a week as a roofer. Yes hes illegal. He was laid off due to the weather. During fall nd winter tgey dont work. Hes scared to get it modified due to him not being legal (btw neither is she). Now im stuck pay $80 a week. I have 2 children of my own that I need to provide for. What type of proof does he need to take to the court to get those payment reduced till april/may when he starts working again. Will it get approved?. I cant afford to buy diaper..food. for my boys.


A:  David's Answer:  First, he should file a petition to vacate the child care provision. He can then seek to subpoena the child care provider if the mother maintains that she still incurs said expense. Second, to lower the support he will need to prove to the court he's making a diligent effort to find new work. I do recognize this is difficult to do when he works off-the-books. He's best advised to consult with an Orange/Westchester Child Support lawyer. --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My Child Support has a balance???

Q:  I went to court and my arrears balance was waived and set to zero (with agreement w/of the child's mother) Now i went to court September 19th and I called into the Child Support Help Line a week later the the adjustment wasn't done yet... I called today and was told the adjustment was made on September 30th... But I was also informed that I have a balance which doesn't add up when everything was suppose to be set to zero. How can I go about disputing this?


A:  David's Answer:  You would need to request an "Accounts & Records" Statement from SCU and then compare their numbers to the court order. If there is an inconsistency, then SCU has a dispute form that you can fill out & submit to them. If the dispute does not get resolved, then you have a right to challenge their determination via an Art. 78 proceeding which is filed in Supreme Court. --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can a US court establish paternity by default

Q:  Can a US court establish paternity by default and order a United States citizen man to pay child support and suspend his US passport for not paying child support? The courts cannot locate this person, because he does not have a US mailing address and cannot garnish his wages, because they cannot locate any assets in the United States. He had sex with this woman in the United States but the mother suspects that he moved to Japan, before her child is born.


A:  David's Answer:  Yes, but I would wonder how the father was served with the petition if his whereabouts are unknown. More facts would be necessary in order to definitively answer this post.  --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates?

Q:  What happens a mother asks a US court to order a man to pay child support that lives in the United Arab Emirates? This man is a citizen of the United Arab Emirates.


A:  The mother would need to establish jurisdiction over him, which is usually done via the Hague Convention on Service Abroad. She must also establish personal jurisdiction. Finally, she should coordinate her efforts with a UAE Child Support attorney as s/he would need to assist in the enforcement of the order.  --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Child Support Arrears Waived

Q:  i finally got my arrears balance to zero by it being waived. My question is will i qualify for a refund of the money being taken out while the system is being updated?


A:  David's Answer:  You should bring a copy of the court order immediately to SCU so they can stop the garnishment. You can also bring it to your payroll department so they can stop sending the money to SCU. If any money is in fact taken by SCU & still held by them, then you can get it back from them. If SCU dispersed it to the support recipient, then you'd need to sue her for the overpayment. --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

How do I transfer a child support case from New York to North Carolina?

Q:  My son and his mother live in Maryland and I live in North Carolina but the child support case is still in New York. What can I do to have it transferred?


A:  David's Answer:  It depends on what you mean by "case." If no one resides in New York any longer, then New York would no longer have exclusive jurisdiction over modification or enforcement petitions. Future such petitions should be filed in Maryland. That said, if you're talking about the collection of the support, then either one - probably better for the mother to do so - may make an application to have the collection transferred to North Carolina Support Collection Unit. --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I get the back child support?

Q:  My parents got divorced when I was young, 3-4 years old. My father was ordered to pay child support and only paid a handful of months he was suppose to. My mom took him to court on a few occasions, but he worked off the books in order to get away with not paying it. Currently, he's a supervisor at one business and owns another with a partner. I'm 20 now, but was curious if I could sue for back child support or if my mom had to, or if it was even possible to get the money at all.


A:  David's Answer:  If there's an outstanding order & he owes arrears, then it can be enforced. Furthermore, he generally needs to pay support until you're 21, so your mother could also file a petition for upward modification. Have your mother schedule a consultation with a Dutchess/Westchester Child Support attorney.  --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can Social Security Earnings be calculated towards child support?

Q:  Am working f/t & am a custodial parent. If I decide to collect social security can my portion of child support be increased and non-custodial parents share be decreased? In other words: Can social security income be calculated towards child support? I am 63 yrs. old.


A:  David's Answer:  All income counts towards the calculation of child support. That said, if you're the custodial parent, then merely because you have greater income does NOT result in a decrease of child support. The only real argument the other parent would have is if the combined parental income now exceeds the statutory cap of $136,000 per year. If that's not the case, then an increase on your end won't provide a basis to downwardly modify the support. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.  --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Up to what age is a parent financially responsible for their child in NY if he is a part time student taking only 1 class?

Q:  My child will be 23 on April 1st. He is working part time. He is under the impression that we have a legal obligation to support him until he is 24 since he is taking 1 course in college. He is currently failing the class which is a basic English course.


A:  David's Answer:  I also agree. Child support statutorily cuts off at age 21, unless there is a valid, written agreement to the contrary (which in turn was incorporated into an order/judgment). As such, I suggest that if there was such an agreement, you take the time to have it reviewed by an Orange/Westchester Co. Child Support lawyer.   --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I threw my 18 year old child out because of drugs use, not going to school and risky behavior. Do I have to pay child support?

Q:  She is living with her boyfriend and family.


A: David's Answer:  Potentially yes, if she files a petition alleging she is not financially self-supporting. The issues on the case will be: (1) whether she has a job or is readily capable of obtaining one, and (2) whether she emancipated herself by virtue of her actions. In any event, I highly suggest that you schedule a follow-up consultation with a Westchester Child Support attorney.    --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Should two bonuses paid in a year due to administrative changes in my company's bonus program be used in my child support calc

Q:  I normally get one bonus in Jan. In 2012 I got a bonus in Jan. In Oct, my company decided to move the next year's bonus payment from Jan 2013 to Dec 2012 to align performance bonus with the year earned. This pushed income I would have normally received in 2013 into 2012. Thus over-inflating my 2012 income. Now my ex wife is claiming that my income has increased and wants an adjustment to child support claiming my income is my salary and the two bonuses. My argument is that 2012 was not a normal year due unforeseeable timing change in bonus payout. How do I approach this situation to keep the Dec bonus from being used in the child support calc? I live in Westchester County NY.


A:  David's Answer:  I'd suggest to get a letter from your employer that states what they did. I'd also suggest to bring in your current paystub so the magistrate can see for pro-rated income for 2013. Finally, I'd suggest to bring in copies of previous years tax returns so the Magistrate can see your historical earnings. In any event, I'd also highly suggest that you schedule a consultation with a Westchester Child Support attorney for a full assessment of the case.   --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Arrears Child Support Hearing

Q:  I have a CS hearing coming up to get my arrears waived by my daughters mom (she will be present) My question is.. is it necessary to still bring in my W-2's and pay stubs for this type of hearing and if so can i send these documents in prior to the hearing?


A:  David's Answer:  No need to send this information in beforehand. You also likely don't need the mandatory financial documents if the ONLY issue is the arrears. Bear in mind that besides having the mother served, you'll also generally need her to execute an affidavit regarding the waiver of the arrears AND she'll need to appear to be allocated as to the waiver. --  David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I was served with papers.to appear in family court in 5 days, I cannot attend on short notice, what can I do?

Q:  I have been out of work and have no income I receive Medicaid, SNAP AND HEAP and am in deep on child support I have a great relationship with my sons who are 22 and 20 How do I get the appearance rescheduled?

Additional information

 

My wife works and I care for our kids 2 year old twins and a 3 year old she cannot get day off

A:  David's Answer:  The question becomes: if you're out of work, why can't you attend court? Generally the "press of other business" is not a legal reason for not showing up to court. You can try writing the court a letter & while sometimes that works, if it doesn't then the court may proceed in your absence. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Is there a statute of limitation on back child support owed to the state of new york?

Q:  i left the u.s 23 years ago because of a difficult family situation nonetheless i kept contact with my child.(having him come over for summer,christmas and whatever other vacation time available he even stayed with me for 3 years). in all this time i refused to pay the state what it was asking for child support(to be explained at lattertime). i know owe 40,000 dollars and have no way of extinguishing the debt any time soon.


A:  David's Answer:  Yes, it's 20 years, but the problem is that the statute of limitations extends to each period of time you violated. In other words, you MAY be able to avoid 3 years worth of arrears (unless there were subsequent orders or judgments), but not the remainder of the arrears. It's probably best that you seek to cut a deal.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

Q:  He just started a new position in Tarrytown. How long do I have to wait to find out if he filed a petition? I just got downward in May of 2011. I receive the support from the Child Support Unit. Would they be advised as well?


A:  David's Answer:  He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Social Security pd $796/mo from my disability when all 5 children were under 18 by garnishment. Why am I still paying out $796?

Q: I was divorced in NY 15 yrs ago. Had 5 minor children. Ex receives NYS child support, modified to $873/mo for 3 when other 2 aged out (as per my disability modification) She also receives $796/mo garnish of my own SSD, originally based on 5 minors. I receive $1010/mo. This is my only income. All together she's paid $1669/ mo for cs. BUT SS told me that irrespective of children aging out & not receiving any more of my SSD, any remaining children under 18 would pick up the difference of total amoutn meaning that my ex would still get $790/mo whether there were 5 or 2 children under 18. Asked why, was told by SSD rep that amount stays the same as it was for the 5 children until the very last child turns 18. Paying $795 out of my SSD for 2 as I did for 5. WHY? No wonder SS is going broke!


A:  David's Answer:  Your confusion may stem from the difference between payment of child support, which is what was awarded by the court, and the subsidy awarded to the children (payable to the mother) by the Social Security Administration. The latter is NOT considered a form of child support and technically does not reduce the benefits otherwise payable to you. For a full assessment, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Upward Modification/Child Support do I need proof of non-custodial parent's increased income from new job before going to court?

Q:  It's been less than 3 yrs since last decision. Non-custodial parent's recent job change may be securing him 15% or more in increased earnings. We don't exchange tax info & I do not know for certain; but suspect his earnings have increased with his new job oppty. His childs' needs have also increased. My earnings have not increased. If I seek upward modification & go to court, does my atty need to establish the increase in his earnings before going to court? How is that done? Or can the Judge just inquire about his new earnings in court when we go.? I understand that an upward modification can be asked for if the earnings have increased 15% or more or 3 yrs have passed since last decision.


A: David's Answer:   The proper procedure would be to bring the evidence in with you to court. Thus, when you file the petition, your attorney should immediately subpoena the records from his employer. For a full assessment, schedule a consultation with a Westchester Child Support attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I deduct college tuition payments from the amount of child support i pay?

Q: I pay about $3000 in child support each month and my oldest just started college. I pay $1000 per month to the school toward tution/room and board. Can I deduct this payment from the child support and pay only $2000?

A: You cannot do so if there's a court order of support. You nevertheless can petition the Court for a modification to get that credit. How likely you will be is dependent on a number of factors, including whether you pay support pursuant to a mere order or pursuant to a written Settlement Agreement.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My judgment of divorce ordered that "during the time the infant attends college ( she started in August)

Q: the child support shall be reduced by 50%. Can I ask for an upward modification? with the money that I make I cannot pay for my part of school with the 50% reduction.


A: Whether you can modify the agreement largely depends on the language found in the agreement regarding modification. As such, I would highly advise to have the Agreement reviewed by a Family Law attorney.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Did we serve the court papers properly?

Q:  my daughters father lives in ontario i live in nys. we have a court order providing me with sole custody and him with supervised visitations. my mother and i took the documents provided by my lawyer 6 hours north to my daughters father and my mother served him in person. my daughters father says it was not done properly and that we were required to go through ontario court or the consulate to serve him and that he is not legally bound by the serving. my mother has completed an affidavit and had it notarized as to the fact that she did serve him. so the question is, is what we did correct?


A:  David's Answer:  If you were trying to serve the initial summons in the case, then service was likely invalid. Service in a foreign country must generally be done via The Hague Convention, so long as the country is a signatory on same (which Canada is). Please see: http://www.hcch.net/index_en.php?act=status.com.... You are also best advised to schedule a consultation with a Child Support attorney in your area, particularly one familiar with international cases.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I just received a letter from Cabarrus county court house stating they are pursuing me for child support.

Q: I just received a letter from Cabarrus county court house. The letter states that my child's mother applied for T.A.N.F and as a direct result they are pursing all the paternal fathers for Child support. I will like to know my right s as a father to stop the court from pursuing me for child support when I clearly have and continue to support my child.


A:  David's Answer:  Since Cabarrus Co. is in North Carolina, I would advise to consult a child support lawyer who practices in that county. You may find such a lawyer by looking on Avvo, or by consulting legalmatch.com, findlaw.com or lawyers.com. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Im on ssi i get medicade and food stamp i need a child support lawyer can i get one for free or for small payment

Q: low income no help with rent we have 2 girls 19 and 15 we have 4 kids the boys are older neaver paid child support for the boys or the 15yrs old . there is a open case for the 19yrs old .dss open it. i dont recieve any case from dss. i need help


A:  David's Answer:  If you do not receive a cash budget subsidy for the children, then DSS will not generally sue on your behalf to reclaim Medicaid or Food Stamps. As such, if you wish to file your own case, just goto Family Court & file a petition. In terms of a lawyer, most lawyers in this field will not take the case for free. However, some offer sliding scales and/or payment plans, so I encourage you to contact a Westchester Co. Child Support lawyer to schedule a free follow-up consultation. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

If me & the mother signed a contract stating child support cost is $150 every 2 weeks compared to $500 every 2 weeks; does the

Q:  contract stand at $150 or do i still have to pay the $500 every 2 weeks?


A:  David's Answer:  If the mother files a petition & wishes to have support paid at the $500 amount, the Magistrate will most likely allow this unless the "agreement" was a duly-executed Separation Agreement. That said, I think it's worth your time to bring the agreement to an attorney & have it reviewed. Thus, I highly suggest that you call a Westchester Family Law attorney to schedule a consultation.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can my housing allowance from the VA be used to calculate child support?

Q:  I am a full time student and receive a set amount from the VA to live on while I am in school. I pay an amount that my EX and I agreed on for child support, but now she is taking me to court for more. It is April now and my school is finished in November, which means I will no longer be getting any money once I graduate. The allowance I receive now is Non taxable and doesn't get reported to the IRS. Can a judge order me to pay 17% of this for child support? Don't get me wrong, I am a good father who gives what he can to help his child but if I give any more I won't be able to live for the remaining time I am in school..


A:  David's Answer:  Yes, a housing allowance is generally considered income for child support purposes. However, I agree with the other poster that if your income falls below the self-support reserve, the support itself may be quite low. That said, you have an obligation to work a full-time job even if you are attending school. Thus, you should schedule a consultation with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can child support order be changed from state established to state where kids live?

Q:  I was divorced in Ct in 2002 and child support was established in 2004,the same year I moved with my children to Ny. We have lived here since...can orders be changed to Ny?


A:  David's Answer:  In what state does the support obligor live, in NY or CT? If the support obligor still lives in CT, then any modification/enforcement must generally be done in CT. That said, there may be a different basis for jurisdiction in this state over the support obligor, so it may be worth it to have a follow-up consultation with a Family Law attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Do I have to give my baby his fathers last name?

Q:  My boyfriend and I are moving in together after 5 years. We are having a son in March. He is convinced that the only option for my son is to have his last name. He says that if I give the baby my last name it would alert social services that he is either not involved or that we have problems. My reasoning is that we are not married and likely won't so why should I call my son by a different last name to mine? Can you please advise?


A:  David's Answer:  You may give the child your last name if you desire. Merely listing your last name as opposed to the father's will not trigger any report to DSS. In any event, I encourage you to follow-up with a Dutchess/Westchester Co. Child Support lawyer should you have additional questions.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

No warrent has been issued yet, but I know that I am in violation of a court order. What do I do?

Q:  I was remainded to custody for failure to pay child support. I was given a stay for 7 days to come up with X dollars. I was unable to do so and know that I now have a set amount of time to serve. Do I turn myself in now or do I have to wait for a warrent to be issued?


A:  David's Answer:  You would need to go back to court. If a remand order was already issued, a warrant is only necessary if you don't turn yourself in. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I emancipate my daughter? She is 18 not attending college works but has lived with her grandparents for about a yr because

Q:  She doesn't always get along with her mom. We barley have talked for yrs from on going brain washing. Her mom currently collects my child support and I want to stop it. I tried over the yrs to have a relationship with my daughter but a big part is on my end I set rules and her mom doesn't. Because of this it has ruined my relationship. My daughter has been involved with the police and court many times and I have no control. I am a newly retired corrections officer that just received disability due to a inmate officer altercation


A:  David's Answer:  It is possible, but it's also a very tough case to prove. Basically you need to prove that your daughter's refusal to visit you is completely unjustified and that you've made efforts throughout the years to repair the relationship. I'd advised to assemble a paper-trail of any efforts you've made - and indeed to reach out to her again via letter or e-mail. In any event, you should schedule a consultation with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am the non-custodial parent and my daughter will turn 21 on 9/16/13. How do I terminate my support, which is $1,100 a month.

Q:  Does the state of NY automatically close my child support case on my daughter's 21 st birthday?


A:  David's Answer:  They should, assuming there was no valid, written agreement (which was then incorporated into an order) extending the emancipation time. If the order is garnished from your pay, then you want to monitor it closely to verify whether it stops. If it doesn't, then you should immediately do 2 things: (1) file a protest with SCU, which may serve to halt the dispersal of the funds they collected, and (2) file a petition to terminate the order. In any event, should you have follow-up questions, I highly advise that you schedule a consultation with a Westchester Co. Child Support lawyer.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

My ex- wife is taken me to court 4 support but she has my so and i have my daughter .

Q:  i got custody off my daughter in oct 2012 and a suspended order of custody as well ,will i have to pay her support


A:  David's Answer:  Generally when there is a split custody situation the court calculates child support you would pay to her for the child in her care, and then the court would calculate support she would pay to you for the child in your care. However, you must have your own cross-petition requesting support for the Court to do this. If you do not, then the Court will only calculate support you owe to her. In any event, should you have any follow-up questions, I highly encourage you to schedule an appointment with an Orange/Westchester Co. Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

What does this CPO-D/R implies when placed in the calendar of a court order?. Can you explain??

Q:  this is in relation to a child support case. Unfortunately unable to pay due to lack of work.


A:  David's Answer:  It usually means the date is just on the calendar for administrative control purposes, often used as a "tickler" in the system to trigger a deadline for the Magistrate, such as when an order or decision is due. Nevertheless, I highly suggest you verify same by calling the Clerk's office. I also encourage you to schedule a consultation with a White Plains Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I am a married man who had a child outside of marriage.

Q:  The child's mother is now taking me to child support. Why do they want my wife's finical information if she is not legally obligated to the child.


A:  David's Answer:  They may be asking for your wife's information if she helps pay for some of your household expenses and defrays more than your 50% share of same. If she does not, then I would object to disclosure of same (which forces their hand to file a motion so the Magistrate may consider whether to order that disclosure or not). In any event, you should consider scheduling a consultation with a Child Support lawyer in your area.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

I had a job wher i was paid 400 a week. i was orderd to pay 50 in child support weekly and 175

Q:  i lost my job and go unemployment. 220 a week i then took a part time job for 7.50 an hour and lost 3 days of my unemployment bringing me to 55 a week unemployment and 75 dolars a week on my paycheck . big mistake. i am goin back to court to get a modification. will the judge understand that i was unjustly fired and that i am eligible for 220 a week but since i took a part time job am only recieving 50.. will the judge lower my support and daycare since i make well under 10000 a year and it wasnt my fault i got fired?


A:  David's Answer:  You ultimately have the burden to prove to the Judge that you were fired for reasons other than that it was "your fault." This may involve subpoenaing your ex-employer. You also have the burden of proving you've made a "diligent effort" to find work commensurate with your prior job. For a full assessment, schedule a consultation with a Dutchess/Westchester Child Support lawyer.  -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Westchester: Discretionary amount of child support above $136,000 combined income?

Q:  Household income = $242,900. He does not want to pay his pro rata share (46%, or $1187 per month) on the income above $136,000. I think he should. We cannot agree, and it looks like this may go to court. How will a judge be likely to rule, given that no other circumstances affect his ability to pay (as per step 11(c) of the child support worksheet, including prior support obligations, etc.). Thanks.


A:  David's Answer:  What you are describing is what the Judges & lawyers call a "Cassano" hearing, named after a leading case on that issue. There are numerous factors a Magistrate will consider, some of which are the disparity of incomes between the 2 parents, the standard of living the child(ren) enjoyed before the physical separation as well as whether the child is engaged in any "add-on" activities, such as private school or expensive extracurricular activities. You're well-advised to schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Can I file for Child Support if my husband has not moved out yet?

Q:  We are finishing up a bankruptcy together and he is planning on moving out in a few months. Then we plan on going to mediation in the mean time I would like to file for child support so he knows what he will be left with and I know what I will get, so that way we can budget moving forward.


A:  David's Answer:  Generally the answer is no. The reason is that the Court must determine one parent versus the other is the "custodial parent" for child support purposes. If both of you are living together, then you are both, in effect, the custodial parent of the children. An exception may be made if there's an allegation that, despite having financial means to do so, one parent is willfully refusing to help pay the basic necessities of the children. In any event, for a full assessment of your situation, schedule a consultation with a Westchester Child Support lawyer.   -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)

Will the court continue to try and serve non custodial parent support order?

Q:  They weren't able to by the hearing date, so it has been rescheduled. How long will they try to serve him and at what point do they give up? I don't know where he works and I doubt he would open his door to a stranger.


A:  David's Answer:  No. the issue is that the Court is not ultimately responsible for service - you are. Thus, the court will only mail out a copy of the summons & if he fails to appear, the Court cannot proceed. You may now need to hire a process server to serve him personally. For a full assessment, schedule a consultation with a Westchester Child Support lawyer. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)