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At what age does child support end in Ny ?

Q:  My son is 19 lives with his mother and he graduated high school last year and he doesn't work or and doesn't have intentions of going to college. Do I still have to pay child support for him until he is 21 ? He is able to work full time .


A:  David's Answer:  Yes - he is only emancipated if he is actually working full-time & thus self-supporting. Merely being capable of doing so is insufficient. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Back in December my son's father's girl friend tired hitting me in December and my lawyer isn't helping me like he needs to.

Q:  Back in December 2014 I was cursed at, threatened and almost hit by my son's, fathers, girl friend in front of my son. He is terrified to see her and the courts aren't listening to me and allowing me to get a restraining order. Last Monday the 6th I was given one till april 6th 2016 and she violated it so I called the cops and had her arrested. She filed against me over it yesterday and turns out the judge gave the wrong papers and now I am in trouble over their mistake and the girl friend has a restraining order on me. I don't know what to do as I am the victim here trying to do whats best for my child, But im being accused of harassment when I did nothing to her.


A:  David's Answer:  The Family Court wouldn't generally have any jurisdiction to ultimately issue you an order of protection against the father's girlfriend. The reason is that while you may have a familial relationship with the father, you don't with respect to his girlfriend. Your remedy may solely be with the police. Schedule a consult with a Dutchess/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Motion for an extension of time

Q:  what is the proper language when filing a motion asking the NYS appellate div. 2nd Dept. for an extension of time when you want to ask the court to grant you permission to file an appeal. On a Child Support issue



A:  David's Answer:  There's no such thing as you need to do so within 30 days after being served with the order with notice of entry. Moreover, final orders are generally always appealable - one need not generally seek permission to appeal. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

In my divorce, a forensic psychologist report was done, after which I had a peer review done to show that the forensic

Q:  didn't follow protocol. When I was in court recently, the judge didn't seem interested in the peer review. Are peer reviews not considered solid evidence?


A:  David's Answer:  That depends - first, did the "peer" actually come in & testify? Did you fully cross-examine the court-ordered forensic? If yes to both, then the Judge retains discretion to go with one forensics' opinion versus the other. Your remedy in such event may be to appeal any adverse decision. Schedule a consult with a Westchester Family Law attorney for a full assessment.    -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

How a mom can prove in court that the narcissist dad is causing emotional harm to the kids. how can she keep the kids with her

Q:  the dad is a manipulative narcissist and also an adulterer. mom wants to file for divorce and to make sure the kids are with her 100% as the dad's controlling behavior is damaging the kids emotionally. the dad keeps on threatening the mom that she has to take his permission before she takes the kid to meet with anyone or anywhere even though still they are married. she is now hesitating for divorce thinking that what he will do when she will file .how can she prove in the court that dad's behavior is causing emotional damage to the kids. the dad is very polished kind of person as a typical manipulative narcissist should be.mom wants to come out of this abusive relationship along with the kids . what she needs to do or take precaution to make sure that the dad doesn't torture them anymore


A:  David's Answer:  You should start keeping a careful paper-trail, which is best done by sending e-mails to the father which capture his concerning comments. Note in the e-mails concerns about how you believe the behavior is affecting the children. You should also schedule a consult with a Westchester family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

This is a tough one. My son brought his children to me 8 years ago. Do I have any rights to the children?

Q:  I have been raising my grandchildren since they were 2 and 4 years old. My son, their father also lives with us. He is divorced and has full physical and legal custody. He is going to remarry in August. My grandchildren are having a hard time with the transition as you would expect. The new wife sends mixed signals of wanting the children and then not wanting them. They are now 10 and 12 years old. My son recently is trying to be a father. Before he expected me to be the disciplinarian and the "Mom". I want to know if I could get custody of the children. Not for me but for the childrens best interest. I don't know what to do. The new wife has never been married. My son support has been somewhat inconsistent over the years and he has never been consistent in helping raise them..


A:  David's Answer:  You'd frankly have a difficult case to get custody, as you'd generally need to prove the father has persistently neglected the children, or abandoned the children. You'd otherwise have the ability to enforce your visitation rights, however. That said, you should schedule a consult with a Putnum/Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I have a confusing visitation schedule. my kids starting school. will courts allow a set schedule to benefit my son? \/\/\/\/\/

Q:  My son is starting school soon and my court ordered parenting time is based around my days off/ whenever his mother is working I get him. It changes every week. I really think it would be beneficial to him if I had him on set days each week so that he knows what bus to get on and he knows if he is going to my house or his mother house that week. I have him about 50/50 so I was thinking maybe sunday night to wednesday morning. that way he knows monday-wednesday morning he gets on XX bus to my house and Wednesday after noon-Friday afternoon he gets on XXX bus. I just think it would be to his benefit and make he life a little more normal. I don't think his mom will go for it, and I really want to avoid court, would the courts see that as a positive? I just want some normalcy for him.


A:  David's Answer:  It's hard to predict what the Judge will do, as it depends in part on what her reasons are for keeping the schedule the way it is. Thus, you're best advised to schedule a consult with a White Plains Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

In the Supreme Court Matrimonial part, do you need your entire box of evidence with you at the first appearance, or can that

Q:  wait for the full hearing? It's regarding an Order to Show Cause regarding child abuse.


A:  David's Answer:  Assuming you filed copies of the relevant evidence along with your order to show cause (or your reply thereto), then you don't necessarily need your "admissible" evidence unless the case has been marked for a trial. That said, you shouldn't be attempting to represent yourself, if you are thus far. Schedule a consult with a White Plains Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I NEED HELP? My daughter being abuse and no one is listening to me. I NEED A FAMILY LAYWER?

Q: My daughter is 3 years old and every since she was born her mother do things to abuse her to get a me as her father. I've been in and out of Yonkers court and have an order and still the mother is doing stuff to harm my child, and I feel helpless. I called CPS and the police plenty of times and they still have not did anything to help me with my daughter, I was told if i call again that I could be arrested or never see my child again. However my child is still being abuse while in her mother care. What should I do?

David's Answer: Ultimately you would need to prove that the abuse is happening, if you've already called the appropriate authorities & they haven't found anything. Bear in mind you risk having blow-back from a false report, so you'll need to delicately proceed on documenting the abuse. The easiest thing is if there are injuries, you can take pictures of the abuse.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I need to find a probono lawyer to help me with a child support order modification in Westchester.

Q: I have a child support order & filed a modification. I am not working and need help. I have a court date for April 23rd.

David's Answer: If your case is in Supreme, you can check with the Office of the Self-Represented. If your case is in Family Court, then you can shop around and/or call the Bar Association. It should be noted extremely few lawyers do cases for free, especially in the Family Law field. That said, many offer sliding scales on their fees. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

My 16yr old son is in special ed with executive functioning disorder. He was tattooed at a licensed parlor without my consent.

Q: I left my son and 16yr nephew, who Iam his legal guardian, at his dads house over the weekend. My brothers girl friend took both boys for tattoo's without calling and asking for my permission. I'm devastated. My son is immature and did not know the risks. I'm taking him to his doctor to be tested for HIV and hep c. My son wanted to be a police officer and has now it will effect his future earnings. HELP

David's Answer: Assuming you have sole or primary residential custody, this would appear to be a violation of the order. You can file an enforcement petition, with the Judge then deciding what sanctions to level at the father (in addition to assessing him with any costs of the tattoo's removal). -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I have to go to Supreme Court Matrimonial part in White Plains with a phone recording on CD.

Q: Will they let me walk in with a small CD player? I'm concerned that Security won't let me bring it in.

David's Answer: You're best advised to make these arrangements first with the Part Clerk, who will then likely need to coordinate with Security. Bear in mind if you're representing yourself you must lay a proper foundation to get a recording into evidence.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

What is the proper language you use when you want to state that the child support magistrate fabricated the facts

Q:  what is the proper language you use when you want to state that the child support magistrate fabricated the facts so her facts of law are erroneous and what laws are used to cite this argument...


A:  David's Answer:   It's not so much that the Magistrate "fabricated facts," it's that you're disputing the factual findings the magistrate made. Your argument is that it was an abuse of discretion for the Magistrate to find as s/he did. As for caselaw, that'd need to either come from hiring an attorney (as same would need to be crafted to the individual facts of your case) or you'd need to hit the Law Library. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

My ex wants me to buy our child a phone.

Q:  I am considering a smart watch when she is age appropriate for it. Is it legal to use GPS to see where she is? I'm the ncp.



A:  David's Answer:  It is perfectly legal to use gps to track your child, but this is also something the other parent should be aware of. Indeed, this really shouldn't even be something you hide from the child either. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I have a family court order guaranteeing phone contact between myself and my daughter. My ex is now crying harassment to me beca

Q:  I once a day when she has her text the word "call" when I'm ready to talk. She's trying to wiggle out of giving me phone time and even told the attorney for the child she's "too busy" to give me a min of time on the phone. Our child is about 3. She's committed numerous other minor violations of the order. What's the best course of action?



A:  David's Answer:  If you believe she's violating the agreement/order, then mail her a default notice letter specifying the allegations (be specific by date, etc.). If she still continues to violate, then file an enforcement petition. Schedule a consult with a Rockland/Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

My wifes ex filed for a temporary order of protection against me toward my step girls. Can i get a court appointed attorney?

Q:  My wife and I have been married for past 8 years and she has been divorced for the past 12 years. We have custody of her 2 teenage girls. Their father does not like that I am an active parent in their lives and is also trying to get out of paying custody so he filed for a temp. order of protection against me toward them after a verbal argument I had with one of the girls due to their attitudes and I grounded them. He then filed for a change of custody against my wife. So, we have 2 separate court cases going on. I had a lawyer represent me through so far but nothing is solved yet and I can;t afford it anymore. Can I apply for a court appointed lawyer to represent me since we have not gone to trial yet? There's only been hearings so far.


A:  David's Answer:  You can ask the court to assign you a lawyer, assuming you're financially eligible. The Court will not only consider income (generally below $40-45,000/year) as well as property/assets. Schedule a consult with an Orange/Westchester Family Law attorney for more info.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Question for NY attorneys and MO attorneys. Can I relocate from NY to MO with my 3yr old and file for custody once I have moved?

Q:  No custodial paperwork has been filed at this time. I am her sole provider, I receive no assistance/ help from her father. I am working with helping my child through developmental delays and really need the support of my family whom all is back in MO. I moved out to NY in 2011, 7months pregnant, thinking her father was sober, and hopes of building a family. Due to his alcoholism and his destructive behavior I left with my daughter almost 2 years ago, on my own. I am in the process of bankruptcy due the financial damages of living with an unstable addict. I am barely making it, however, I have a family that loves us &they want to help, but they are in MO. I have found a job out there and a place but am afraid to move because of I do not have the luxury of time or funds. What should I do?


A:  David's Answer:  You should definitely not move until you either have a court order giving you permission to move or a written, notarized agreement from the father agreeing to the move. You've set forth many facts which are in your favor in a custody/relocation case, though there are many more factors the Judge will consider. You're best advised to schedule a consult with an Orange/Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

I owe 800 in areas for child support I have a hearing may 24 will I go to jail

Q:  Im divororced for 12 yes have one daughter by my ex wife I also rwcieve ssi disability my recent areas was paid 1200 I stopped paying because I felt as though that since she got married two times prior to her first marriage she doesn't allow me to see my daughter at all ! I currently owe 800 dollars and IMA little scared that if I go to court I might get locked up should I go with at least 500 jus to be on the safe side what should I do I need help


A:  David's Answer:  You should pay as much of the arrears as possible. That said, if all you owe is $800, it's doubtful the Court will put you in jail for such a small relative amount. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net) 

Will a Judge ever ignore federal law, NY law and GA law and simply do what the Petitioner wants because she's the mother?

Q:  My ex wife and I were divorced in Georgia and they issued a final judgment and decree of divorce, parenting plan order and settlement agreement. My child's mother has now filed in Westchester County, NY to modify custody. Under UCCJEA, DRL 76(B) and GA law, since I still reside in the state of GA and have never moved, which is the original state that issued the original orders, any modification of custody should be done here because GA retains continuing, exclusive jurisdiction. However, in court yesterday the Judge wasn't ready to rule on the motion to dismiss (I had a NY attorney there for me), hadn't read it and rescheduled the court date giving my ex more time to respond. Is it possible for this new judge to ignore all law, federal, NY law and GA law and allow her to modify in NY?



A:  David's Answer:  Obviously the Judge cannot ignore the law, otherwise you can appeal. However, the law is more nuanced than you present as the UCCJEA also includes an exception to "continuing, exclusive jurisdiction" if the Judge finds the home state to be an "inconvenient forum." In a nutshell, the Judge would need to determine that all or most of the witnesses & evidence on the issue of custody no longer exist in GA - usually this is when the child's been residing in NY for many years. For a 2d opinion, schedule a consult with a Westchester Family Law attorney.  -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)