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)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
Saturday, June 22, 2013
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)
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)
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)
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)
Saturday, June 15, 2013
I am paying 300 child support with 2 children in N.Y. one child has joined the army. what percentage will be reduced with one ch
Q: my ex-wife lives in ariz. my oldest is 18yrs old and is leaving for the service next month
A: David's Answer: Assuming the order was done in New York, the support should be reduced to 17% of your adjusted gross income upon your modification petition. The exception is if the original support order was done as part of a settlement agreement in the context of a divorce proceeding (in which case it is conceivable the standard for modification is unanticipated change of circumstances & usually "emancipation" is defined). In any event, for a full assessment, schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Assuming the order was done in New York, the support should be reduced to 17% of your adjusted gross income upon your modification petition. The exception is if the original support order was done as part of a settlement agreement in the context of a divorce proceeding (in which case it is conceivable the standard for modification is unanticipated change of circumstances & usually "emancipation" is defined). In any event, for a full assessment, schedule a consultation with a White Plains Child Support attorney. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Sunday, June 9, 2013
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)
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)
Tuesday, June 4, 2013
Can a non-custodial parent be emancipated from their child?If so, does he still have to pay Child Support for child he doesnt se
Q: Non-custodial parent has attempted to see child over 10 yrs. Throughout the years he has recieved run around from courts & mom as to what he must do to possibly see child. He even went to therapy &social worker stated he complied. Then child was to be seen. But mom stated her schedule didnt allow it &mom stated she wants dad to seedifferent social worker& child doesn't want to see him. .Etc.This was the last set of excuses because now child is older and has been severly brainwashed by mom. Although true because he never was able to develop a relationship due to alienation. His daughter is 15 and god knows what mom has told her. So father wants to know can he emancipate child since he has not seen her? He pay CS religiously. He had enough of this that he gave up his rights 3yrs ago.
A: David's Answer: Preliminarily, I'm not sure what you mean by "he gave up his rights 3 years ago" as there's no such thing other than in the context of foster care. Perhaps you mean the father just gave up pursuing visitation. In any event, emancipation is a possibility, but the main issue here is that the refusal to visit must be proven to be no fault whatsoever of the father - i.e., the refusal must be completely unjustified. It's a relatively tough burden to meet. That said, for a full assessment, you're best advised to schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support lawyer (www.blivenlaw.net)
A: David's Answer: Preliminarily, I'm not sure what you mean by "he gave up his rights 3 years ago" as there's no such thing other than in the context of foster care. Perhaps you mean the father just gave up pursuing visitation. In any event, emancipation is a possibility, but the main issue here is that the refusal to visit must be proven to be no fault whatsoever of the father - i.e., the refusal must be completely unjustified. It's a relatively tough burden to meet. That said, for a full assessment, you're best advised to schedule a consultation with a Dutchess/Westchester Child Support attorney. -- David Bliven, Westchester Child Support lawyer (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: 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 lawyer (www.blivenlaw.net)
A: 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 lawyer (www.blivenlaw.net)
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