Do I have to live in New York if I want to get married in New York?

Q: Do I have to live in New York if I want to get married in New York? I live outside Pittsburgh.

A: David's Answer: No, there is no residency requirement in order to get married in NY (unless doing so constitutes fraud). - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
 

Is there a way to request a new law guardian?

Q: My sons law guardian has been EXTREMELY biased towards his mother because he holds a huge grudge against by former lawyer- he admitted it in court and to the judge- and has been ruthless towards me when I have been the better parent. He has done everything to make me seem unfit, when she is the one who has had CPS called on her numerous times by neighbors. He has not attempted to make an in home visit or anything.

I am no longer using him, I could not afford him. I am in a financial tough spot as we speak, but want what is best for my boy.

I am wondering what are the steps to seek a new law guardian in the state of new york.

A: David's Answer: You would need to file a formal motion to recuse the Attorney for Child. That said, rarely do such motions succeed. Moreover, the blowback would be to make the Attorney even more hell-bent against you, possibly anger the Judge (as s/he may feel you're just trying to delay the proceeding) and be out the money paid to your new lawyer (hopefully you have one) for filing the motion. I'd suggest to schedule a "clear the air" meeting with the Attorney for the Child. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

Can the following be considered a change of circumstances to help justify a downward modification? My abusive ex-spouse.....

Q: ...who convinced my younger daughter to go with him is now 15-1/2 years old and starting to experience his true personality. Due to her age, he doesn't want to piss her off too much, so when she insists on spending time with myself and her older sister, now over 21, he usually lets her. The result is that she's at my house almost as much as she's at his house, yet I'm paying quite a bit in child support. But she's not allowed to sleep over due to the manipulations of his 'well-connected' attorney. We were supposed to work toward sleepovers, but when he left threatening voicemails on the therapist's phone, that intimidated her and we gave up. Anyway, my question is -- can all these daytime visits help to justify a downward modification, or do only overnights count?

A: David's Answer: If you're going to argue that your access time is so great that it should affect child support, both waking & asleep hours count in this analysis. Thus, if you don't have something close to 45% of the total hours, then it'd be extremely rare for you to get a deviation on this basis. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

Points awarded Other ways to earn If Grandparents raising children, go on a grant, do the parents also have to pay the Government or the Grandparents?

Q: Points awarded Other ways to earn If Grandparents raising children, go on a grant, do the parents also have to pay the Government or the Grandparents?

A: David's Answer: If the grandparents have custody of the children, then the parents have a duty to pay child support to the grandparents. They'd only have an obligation to pay the government if sued for support. The grandparents may have a duty to report to the government any receipt of funds from the parents. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

Confused , Have 2 kids Child support , Tax Time ? Ex claims one I claim 1, Custody Change !

Q: When we got divorce we had agreed that each of us would claim 1 child each on taxes, she agreed because I paid 1000.00 a month in support . Now I have custody of both children, she is suppose to pay 100.00 a week in support for 2 kids. But I am accepting 50 a week because she refused to allow my sons to live with me if I would take the full amount she would be responsible for. How does taxes work ? Can I claim both kids now e ? She is only paying $50.00 a week in support for 2 kids don't think it's fair if she receive the extra 1000.00 tax credit and able to claim one child. That would mean she only really has to spend 1600 a year two support 2 kids.

A: David's Answer: If the agreement to split the deductions was just informal, then you can just send her a notice via certified mail stating henceforth (& in light of both children now residing with you) you'll be taking the deduction for both kids. If the prior agreement was incorporated into a court order/judgment, then you'll need to file a petition for modification. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

I recently found out my birth cert has my mothers maiden name on it. I have always had my father lastname. How do I change it

Q: David's Answer: I need to get help from social services but am having a hard time bc my birth cert is wrong. What do I do?

A: David's Answer: Assuming you're 18+, you can file for an amended birth certificate in the county where the original certificate is filed. Contact the clerk's office of that county for instructions. - David Bliven, Westchester Family attorney (www.blivenlaw.net)

What can I do if my ex wife's family member is threatening me?

Q: My ex wife texted a statement, stating that "if her brother sees me I'd better run"....in regards to an issue about our son. She is clearly making a threatening statement and what can I do about it. I'm tired of her antics.

A: David's Answer: Technically, it's your ex who's threatening you. In this instance, you can file for an order of protection in Family Court and/or may report her to the police. Call a Dutchess/Westchester Family Law attorney for more info. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)