David Bliven’s answer: If the house is in both names, she has just as much right to possession as you do. Thus, your remedy would be to file an application for exclusive occupancy.
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, September 29, 2012
My wife just left the house but keeps coming in while i am at work and taking things
Q: can i change the locks on the doors (the house is in both of our names)? she rented her own place.
Thursday, September 27, 2012
I have an order of protection from my ex-husband and he got suspended from work and is seeking repayment of support from me.
Q: what should I do, we have to go to court soon. Do I need to have a lawyer present?
David Bliven’s answer: As a general rule, overpayment of child support is non-refundable. As to whether he would be entitled to a modification is another question altogether & may be dependent on the reasons why he got suspended.
Is there anyway to fight a child support case when dna prove the kids r not yours?
Q: My friend has to support two kids that are not his just because he did the right thing by believing they were his kids
David Bliven’s answer: First, has the Court already issued a child support order? If so, how long ago? Second, did he execute an acknowledgement of paternity (usually done if he was present in Hospital at birth)? Third, who gave him the DNA test, the Court or an independent lab? The answers to these questions will help in assessing the likelihood of his success.
Can my boyfriend's soon to be ex-wife file a petition for her kids to stay away from my kids?
Q: Both my boyfriend and I have 2 wonderful kids each - the same ages between 6 and 9. He and I have been together for 7 months and plan to stay that way. Our relationship its loving and our kids love being together and even beg us to get married. His soon-to-be ex wife is full of spite and is threatening to get a court order to prevent their kids from being around mine because my son has a physical disability. She says it is "dangerous" which is untrue and quite bigoted. My son literally has muscle weakness and a normal kids otherwise. His ex also recently moved over an hour away and now wants to use the interaction of our children (which is totally normal and fun) as a reason to take the kids away from him permanently. I am very concerned because all of our children are so happy together.
David Bliven’s answer: On the facts you've presented, it would seem to be a difficult argument for her to make for the court to restrict visitation. Are there prior orders of custody/visitation? To where did she move (and was the move permission in the prior orders, if there were any)?
Monday, September 24, 2012
Can I ask for an upward modification?
Q: My judgment of divorce ordered that "during the time the infant attends college ( she started in August): the child support shall be reduced by 50%. Can I ask for an upward modification? with the money that I make I cannot pay for my part of school with the 50% reduction.
David Bliven’s answer: Whether you can modify the agreement largely depends on the language found in the agreement regarding modification. As such, I would highly advise to have the Agreement reviewed by a Family Law attorney.
Can I deduct college tuition payments from the amount of child support i pay?
Q: I pay about $3000 in child support each month and my oldest just started college. I pay $1000 per month to the school toward tution/room and board. Can I deduct this payment from the child support and pay only $2000?
Asked about 4 hours ago in Child Support
David Bliven’s answer: You cannot do so if there's a court order of support. You nevertheless can petition the Court for a modification to get that credit. How likely you will be is dependent on a number of factors, including whether you pay support pursuant to a mere order or pursuant to a written Settlement Agreement.
Thursday, September 20, 2012
Can i get a change of venue in a family court case?
Q: The case is actually closed and I'm attempting to reopen it.
David Bliven’s answer: Your first task may be to attempt to get it re-opened & what your factual basis would be to do so. As for venue, it depends on what type of case you have, where the child(ren) live, etc. Thus, more facts are necesary prior to me being able to answer this question.
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