Q: My first name is misspelled on a child support enforcement order. My middle and last names as well as the address are correct. They are not garnishing my wages or putting a hold on my bank acct. My question is due to their clerical error am I obligated to pay the arrears that accrue since they cannot locate me due to my name being misspelled. for instance my first name is Cotler but the order says Coler. If I would still be responsible how do I get this problem fixed where funds can be withdrew from wages.
A: David's Answer: You are still obligated on the order. In terms of correcting the order, you can simply notify SCU of the discrepancy or file a petition & get the Magistrate to amend the order. -- David Bliven
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Saturday, December 1, 2012
How can I copy the ud-11 form to make an amended divorce judgment. County clerk said this what I need to do.
Q: Divorce was filed with my married name spelled wrong. Hard to change name back when divorce has different name and legal documents have another name. It's off by one letter. I was told to copy and add a pargraph to the final divorce by copying the divorce over and change final judgment to amended divorce
A: David's Answer: It's hard to tell you specifically what to do without seeing the provisions you're talking about to see exactly what the error was. Most likely there is also a correction sheet given to you by ther Clerk's Office. Thus, I highly advise that you consult a Bronx Co. Family Law attorney. -- David Bliven
A: David's Answer: It's hard to tell you specifically what to do without seeing the provisions you're talking about to see exactly what the error was. Most likely there is also a correction sheet given to you by ther Clerk's Office. Thus, I highly advise that you consult a Bronx Co. Family Law attorney. -- David Bliven
I AM TRYING TO ADOPT MY STEPSON BUT I DONT HAVE MONEY FOR LAWERS FEE WILL SOMEONE TELL ME WHICH FORM TO START WITH IN NYS
Q: WILL SOMEONE TELL ME WHAT FORM TO START FOR STEPSON ADOPTION IN NEW-YORK WESTCHESTER,PLEASE AND WHAT TO DO
A: David's Answer: There are certain forms connected with an adoption which generally MUST be completed by an attorney. You can always check with the Clerk's Office, or consult NYS Court System's website. However, at the least, I encourage you to schedule a consultation with a Westchester Family Law attorney (some of whom offer free consultations). -- David Bliven
A: David's Answer: There are certain forms connected with an adoption which generally MUST be completed by an attorney. You can always check with the Clerk's Office, or consult NYS Court System's website. However, at the least, I encourage you to schedule a consultation with a Westchester Family Law attorney (some of whom offer free consultations). -- David Bliven
Can my child get taken from me cause ACS lied on me
Q: can acs lie on me for abusing my child personal needs
A: David's Answer: Obviously if ACS made false allegations against you, you would have the ability to challenge that in court. You have a right to an immediate hearing to challenge whether your child should remain in foster care pending a full trial (this immediate hearing is called a "1028 hearing"). -- David Bliven
A: David's Answer: Obviously if ACS made false allegations against you, you would have the ability to challenge that in court. You have a right to an immediate hearing to challenge whether your child should remain in foster care pending a full trial (this immediate hearing is called a "1028 hearing"). -- David Bliven
How does New York define "Some credible Evidence"?
Q: Trying to appeal CPS case.
David’s answer: Assuming you are asking for a fair hearing to challenge an indicated report, then "some credible evidence" is roughly analogous to the "probable cause" standard used in the criminal law context. The Court nonetheless utilizes case law in the child neglect field to assess whether the allegations essentially "state a cause of action." The burden would then shift to you to present a defense showing there was nothing (or next to nothing) to the allegations in the first place. -- David Bliven
My childs father is hiding income
Hello, My child is 16 years old his father sends me 300 dollars a month for our childs needs. 300 dollars is not enough, i have expressed these concerns but he refuses to send anymore. He does not have any legal custody, I have custody but not from the courts. He sees his father for 30 minutes every 2 months because his father claims he is "Busy". I want to take his father to court so i can receive more money for my son but here is the issue, his father runs several illegal betting rings and any legit business he owns is in someone elses name so are the fronts for the betting rings. If i was able to bring authorites to the rings would i be able to revieve the child support my son deserves. I know locations of most of the rings and the fronts. His father lives in nyc while i live in upstate
David’s answer: You may ultimately need to do one of several things: consider hirign a private investigator, do extensive document discovery demands and/or authorize the attorney to conduct a deposition. -- David Bliven
My ex have an order protection against me with false statements I have all the proof that he is lying whats the consequences
Q: He claims i stole his credit card, and he never had one. he claims i stole pictures of his child and he was the one who send to me via email.
David’s answer: Is the order of protection temporary or final? How long ago was it issued? You have a right to a trial on the issue where you can present your proof, but if its a final order then your remedy is only to appeal (if made less than 30 days ago) or move to vacate your default (if you failed to appear in court when it was issued). -- David Bliven
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