Q: My separation agreement, custody, and divorce decree were all through PA court system. I live in NY with my child. I have full custody.Nothing at all was ever filed in NY or PA regarding child support. My ex is threatening to stop paying me our agreed amount when our son turns 18 even though he will have his whole senior year in high school ahead of him. I was told by one attorney that even though I can file through NY for court ordered child support, PA will govern the emancipation age of (high school graduation) because that's where custody was determin.ed. I would like to get support until he is 21. Also I pay for his insurance coverage. My ex wants to just abandon us. We won't be able to survive without child support.
A: David's Answer: Custody & Child Support have different jurisdictional statutes, so merely having jurisdiction on one issue doesn't govern the other. That said, I'd be very curious as to why support was not addressed in the divorce agreement - and whether there are separate jurisdictional provisions in that agreement which may be binding on the support issue. You're best advised to bring all your paperwork into 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.
Friday, May 30, 2014
Keep getting Child Support from NC through CSE even though child is over the age of 21.
Q: I live in NYS and my daughter just turned 21 within the past month. I am still receiving child support payments (around $200 a month) from CSE even though the account is up-to-date, in fact I just checked the acct. and there is now a credit of $250 for the NC. There is no termination date on the court order. The NC and I are estranged and I have no idea where he lives. How does support end in cases like this? Do I keep cashing the checks (my daughter is in college and uses the money for expenses) until they stop coming from the state? If I do cash the checks will I have to pay the overpayments back? What is my legal responsibility?
A: David's Answer: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You should contact SCU & let them know the child is emancipated and they may cancel the income garnishment. They may need you to execute a form & submit it for this to be done. Some forms & instructions are online: https://www.childsupport.ny.gov/DCSE/secure/Log.... Speak to a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Am I responsible for my stepson's unpaid co pays and deductibles?
Q: He is currently 21. He has never lived with us but since my husband was on my policy and legally responsible for medical insurance. We added my stepson about 10 years ago. I am the subscriber of the medical insurance.
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, because he's an adult anyway for child support purposes. But regardless, the co-pays are assessed by the provider, not technically by the insurance company. Thus, the bills for same should go to your step-son. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 24, 2014
Does child support go up when a child turns 11?
Q: I currently pay child support to my ex for my 6 year old son. I read that once a child turns 11 child support can be increased. Is this true and if so how much?
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No, it's not dependent on the age of the child - it is dependent, however, on the age of the order. If your order is more than 3 years old (& it sounds as though it is), then either party may file a petition for modification without the need to prove a "substantial change of circumstances." Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
My brother been in customs on way his way back into the country, he owes back child support over 50k, what's going to happen?
Q: In Miami customs coming back from a vacation to Honduras, he has been on child support for over a decade is he going to jail???
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Unless there's an arrest warrant outstanding, then it's extremely unlikely he'd be denied re-entry or held at Customs. Schedule a consult with a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Wednesday, May 21, 2014
After completing order to show cause and contempt affidavit what is my next step in filing with Supreme Court?
Q: I'm non-custodial parent and overpaid child support obligation which my ex-spouse is refusing to pay ignoring preliminary hearing order, stipulation of agreement, judgment of divorce, and order on consent.
A: David's Answer: You would now simply submit the order to show cause, affidavit & exhibits to the Court clerk for filing. The Judge should sign it, give you a return date & direct the manner of service. You'll then be responsible for serving in on your ex. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You would now simply submit the order to show cause, affidavit & exhibits to the Court clerk for filing. The Judge should sign it, give you a return date & direct the manner of service. You'll then be responsible for serving in on your ex. Schedule a consult with a Dutchess/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How do I proceed with Enforcement of a child support order in the family court and what documents are required?
Q: I was directed to pay all utilities on the marital residence pending child support income enforcement. The preliminary hearing order as well as the stipulation of agreement including a subsequent order on consent which null and voided all wrongfully assessed arrears clearly ordered all monies overpaid to be returned to me the non-custodial parent. My ex-spouse is refusing to reimburse me therefore I am seeking relief.
A: David's Answer: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: If you have an order requiring her to pay you a sum certain, then you should send her a demand letter via certified mail & if she still doesn't pay, you may either file a contempt motion or give it to a debt collector. Schedule a consult with a Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 17, 2014
The noncustodial parent owes you 40,000 in Child support and he's has a lawsuit against the city. Will the support be paid first
Q: I violated him for not paying child support twice the first time judge award me a money judgement. With a lean and 9%interest. The child support recovered 3,000 of it from a bank account. Second time he stop showing up so the judge issue. A warrant. So now he's in the papers and suing NYPD and The City. I want to know what I should do to make sure that my child support is paid in full. I called his lawyer He would sign something because he doesn't want it to come out he's a deadbeat. But He only has is best interest not my son's. Help please single mother can't afford a lawyer for hire. I'm not on public assist every penny counts.
A: David's Answer: I'm not sure from this posting what you're trying to do, other than the obvious (collect support from him). If his lawyer is trying to get you to sign something, you're best advised to bring the paperwork into a lawyer to review same before you sign it. Call a Child Support lawyer in your area to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure from this posting what you're trying to do, other than the obvious (collect support from him). If his lawyer is trying to get you to sign something, you're best advised to bring the paperwork into a lawyer to review same before you sign it. Call a Child Support lawyer in your area to schedule a consult. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
How can I get my ex to pay from TX? I've been working with child support over a year now.
Q: He only pays what he wants, when he wants not what is court ordered. He is supposed to pay 1/week. I have not received anything since Nov. which was a garnish from his taxes. He is up to $25,000 in back pay. The TX Child Support said the courts were backed up and that was in Jan 2014. I had to call NY Child Support to have them call again and petition the violation and COLA. I've been doing this for almost a year now. What else can I do? Also, I believe he put everything in his wife's name.
A: David's Answer: Are you enforcing a NY order or TX order? If you're enforcing a NY order, then I'm not sure why you're filing anything in TX (other than perhaps a Registration proceeding). In NY, you may ultimately ask for his incarceration if he continues to refuse to pay. You may also need to consult a TX lawyer about debt collection efforts against his wife, so as to start seizing her funds (in NY, there's a common law claim of "necessaries" under which one may arguably proceed). Schedule a consult with both a TX lawyer & a NY Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: Are you enforcing a NY order or TX order? If you're enforcing a NY order, then I'm not sure why you're filing anything in TX (other than perhaps a Registration proceeding). In NY, you may ultimately ask for his incarceration if he continues to refuse to pay. You may also need to consult a TX lawyer about debt collection efforts against his wife, so as to start seizing her funds (in NY, there's a common law claim of "necessaries" under which one may arguably proceed). Schedule a consult with both a TX lawyer & a NY Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Is this child support fraud
Q: My ex petitioned the court for child support when our 18 year old daughter moved in with him. We settled and I am paying support and 50% of college with the SUNY Cap. She is currently attending a SUNY college in his county. However, the tuition bill states that she is being charged at the "nonresident" rate as they have failed to submit the residency statement. Although he is asking me to pay the lower "in state" tuition, this makes me doubt that she is/has been living with him since the time of his petition. Do I have the right to vacate the agreement as the tuition bill raises the question of her residency and I believe he was misleading the court? The agreement has been filed with the court but has never been entered as an order. Thanks so much in advance!
A: David's Answer: The Family Court can neither enforce nor modify mere "agreements." As such, if there is no court order reflecting the agreement, then you most likely can just stop paying. That said, before you do anything, I highly encourage you to call a Westchester Child Support lawyer to schedule a consult for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: The Family Court can neither enforce nor modify mere "agreements." As such, if there is no court order reflecting the agreement, then you most likely can just stop paying. That said, before you do anything, I highly encourage you to call a Westchester Child Support lawyer to schedule a consult for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Until what age do I have to pay child support for my daughter.I was never married to her mother.
Q: I pay court ordered child support in NY.The money is taken directly from my paycheck.Will it stop when she turns 18?
A: David's Answer: No - support in NY continues until age 21 unless the child is sooner emancipated. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: No - support in NY continues until age 21 unless the child is sooner emancipated. Schedule a consult with an Orange/Westchester Child Support lawyer for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support in arrears of 20, 000+-- Need help reducing if possible have an order that was placed on me bc of not showing up
Q: This order was for a huge amount and I was not even employed but on unemployment and g oing to school at the time. I tried doing a modification myself but the magistrate sent me home twice stating that my proof was not suficent and another time bc of the Custodial parent not being there. I have been working for the last year and fo rthe past 7 months they have been taking out the arrears of over 400$ a month plus current 400$ for the 17% that NYS requires. I am coming home with less that 300$ per pay period andmy license is suspended even though I am paying the arrears. I have a great opportunity to join the FDNY. Passed test n physical etc just have not done the credit check due to the arrears and suspension. Can I do anything to have compromise of arrears? I am not able to pay in full.
A: David's Answer: First, you're stuck with the arrears unless you file a motion to vacate your default. The motion must state not only a meritorious defense but also a reasonable excuse for not appearing. Second, you can file a request with SCU for a work-restricted license. You may find the form here: https://www.childsupport.ny.gov/dcse/pdfs/dmvCh.... Finally, you may file a downward modification petition. That said, you're required to demonstrate you lost your last job thru no fault of your own & that you've since been making diligent efforts to find a job commensurate with your prior earnings. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: First, you're stuck with the arrears unless you file a motion to vacate your default. The motion must state not only a meritorious defense but also a reasonable excuse for not appearing. Second, you can file a request with SCU for a work-restricted license. You may find the form here: https://www.childsupport.ny.gov/dcse/pdfs/dmvCh.... Finally, you may file a downward modification petition. That said, you're required to demonstrate you lost your last job thru no fault of your own & that you've since been making diligent efforts to find a job commensurate with your prior earnings. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Child support order from Texas , now live in NYS , ex lives in NYS , who has jurisdiction to enforce order.?
Q: Divorced in Texas 1980 child was 8 years old .
A: David's Answer: As both parents now reside in NY, then NY would generally have jurisdiction to modify or enforce. That said, have there been any modification and/or enforcement proceedings filed in the intervening years? Your ability to enforce a 1980 order is governed by the statute of limitations & thus if there were no subsequent orders, you may be out of luck. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: As both parents now reside in NY, then NY would generally have jurisdiction to modify or enforce. That said, have there been any modification and/or enforcement proceedings filed in the intervening years? Your ability to enforce a 1980 order is governed by the statute of limitations & thus if there were no subsequent orders, you may be out of luck. Schedule a consult with a Child Support lawyer in your area. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Ex just retired from militaru is supposed ro be looking for a job, now he's months behind in CS
Q: He says how can i pay CS when I'm not working , and am retired. he voluntarily retired i told him yhat his problem. but i believe he is working. is there a way to find out thru his SS number. also what should i do
thank you aqll
A: David's Answer: You can ask SCU to perform a search via his social security number, or hire a private investigator. Ultimately you can also file a violation petition as a voluntary retirement is akin to a voluntary quit - he's generally not entitled to any reduction of the support order. Schedule a consult with a Putnum/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
thank you aqll
A: David's Answer: You can ask SCU to perform a search via his social security number, or hire a private investigator. Ultimately you can also file a violation petition as a voluntary retirement is akin to a voluntary quit - he's generally not entitled to any reduction of the support order. Schedule a consult with a Putnum/Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
What line of the W-2 is used to calculate child support? Same for a federal tax return?
Q: My divorce ended 3 years ago, and my ex would like to increase child support payments. I'll take this opportunity to do a cross-motion requesting I no longer have to pay another 400 each month on half the cost of a babysitter for a 15-1/2 year old. I understand that type of arrangement usually ends when the child is 13. I'll also take that opportunity to have my ex prove there's a need for an increase in child support. Thanks in advance for your assistance
A: David's Answer: There is no "one line" of your W-2 to look at, as "adjusted gross income" is defined differently for IRS purposes as opposed to the NYS child support laws. The basic calculation is to start with one's gross income & deduct FICA (which comprises both social security & Medicare tax). One would think the odds are heavily in your favor to get the child care knocked out. That said, if you've had any increase in your income & the divorce (or settlement agreement) is dated more than 3 years ago, your ex would be entitled to an automatic adjustment. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: There is no "one line" of your W-2 to look at, as "adjusted gross income" is defined differently for IRS purposes as opposed to the NYS child support laws. The basic calculation is to start with one's gross income & deduct FICA (which comprises both social security & Medicare tax). One would think the odds are heavily in your favor to get the child care knocked out. That said, if you've had any increase in your income & the divorce (or settlement agreement) is dated more than 3 years ago, your ex would be entitled to an automatic adjustment. Schedule a consult with a Westchester Child Support lawyer for a full assessment. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
Saturday, May 10, 2014
I start a new job and I get my child support taken directly from my payroll from current job. How do I transition it?
Q: I don't want to raise any flags with my ex wife since there is a pay raise and the child support is already set. I want the transition to be as smooth as possible so that I won't awaken the sleeping giant. I start the new job on the 21st and my last day is on the 18th of this month.
A: David's Answer: You should contact SCU. You should also send a letter/e-mail to your ex letter her know of the new job. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
A: David's Answer: You should contact SCU. You should also send a letter/e-mail to your ex letter her know of the new job. Call a Child Support lawyer in your area for more info. -- David Bliven, Westchester Child Support attorney (www.blivenlaw.net)
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