I went to court for child support and saw a Referee, the final decision was 70% from me and 30% from her for child support

Q: I went to court for child support and saw a Referee, the final decision was 70% from me and 30% from her for child support, then she said she need daycare so the Referee said 70/30 again and the problem i have with that is she is picking a daycare that is very expensive and now im going in debt because i cant pay my bills, is there something i can do this is not fair. please answer my question with more then "see a lawyer"?

A: David’s answer: The first question I have is: is the case finalized, or do you have an adjourn date? The reason this is important is because if the order is final, then your only remedy is to file an Objection within 30 days of the order. If the case is not finalized & you have an adjourn date, then part of your burden would be to find an alternative daycare provider. Then your argument at trial is, if she chooses to go with the more expensive provider, that's her choice, but your 70% share should be capped at 70% of what the cheaper provider charges.  -- David Bliven

How can my sister gain custody of her son after the father whom had custody died?

Q: My sister son's father won custody of their son, the problem is that he got killed a few days ago. While he was alive he made it impossible for my sister to see her son, he lived in NJ & she lives in NY. The court of NY granted her visitation rights, but he failed to show up at meeting locations. Now he is dead and his family has her son..what should she do to get her son with her. In addition she doesn't have the family's address, what should she do to obtain that information? Thank you. 

A: David’s answer: As a practical matter & with due respect to the tragic situation, perhaps as a first measure she should simply reach out, express her condolences & then ask if her son can be returned. If that doesn't work (or they turn hostile), then she should absolutely file a custody petition. She may do informal computer searches to obtain the addres, or alternatively hire a private investigator.  --  David Bliven

My ex filed a petition in family court for a QDRO, I was never served me. Is it legal?

Q: Magis. signed didn't check aff of servi: Magistrate didn't check to see affidavit of service. My pension company sent $3,000.00 dollars when it should have been $300.00 Was this legal? Can it be vacated? 

A: David’s answer: You should have been served with the petition as well as the order. Your remedy is to file a motion to vacate your default, which you need to do within 1 year of the date of the QDRO (but as a practical matter you should do so asap).  --  David Bliven

Can my daughter grandmother get custody/visition rights from me?

Q: Ok me and my daughter father made an agreement that when he comes to New York this summer he can take our child to stay only for the summer to spend time with his family that she really never gets to see. I'm 24 my daughter is 2. We are from Chas. SC. Well I got arrested in March of this year for fraudulent checks. I spent almost seven months in a women's work camp prison. At the end of my sentence I got served with a petttion from my daughter's grandmothers (dads mom) saying we going to court for this. She says. In the petition. That I'm unstable and unfit to take care of her. Not true. I have court coming up this Tuesday. I need to know what to expect. Can they just take my baby away by here/say? Will I be able to go back to SC with her? That is our home. Please for advise. 

A: David’s answer: I assume from your posting that the grandmother filed a petition in Bronx Co., NY? If so, there would be many more factors which are relevant other than merely you having been in prison recently which would warrant the court giving her custody. The Court is extremely unlikely (unless there's something else going on) to give her custody right from the beginning.  --  David Bliven 

I was just layed off, how do i go about reducing my child support payment?:

Q: what ill b getting from unemployment is 1/3 of what u used to make. the children im paying child support for are 20 years old. i have 10 and a 11 years old with my wife. i cant afford to payment that much. im currently payin $250.00 oer week.

Asked 2 days ago in Family

A: David’s answer: You need to file a downward modification petition. In Westchester that's done at SCU, 100 E. 1st St., Mt Vernon. You also need to conduct a "diligent search" to find another job & document that job search in a job search diary.  --  David Bliven

If me & the mother signed a child support contract

Q: If me & the mother signed a contract stating child support cost is $150 every 2 weeks compared to $500 every 2 weeks; does the: contract stand at $150 or do i still have to pay the $500 every 2 weeks? 

A: David’s answer: If the mother files a petition & wishes to have support paid at the $500 amount, the Magistrate will most likely allow this unless the "agreement" was a duly-executed Separation Agreement. That said, I think it's worth your time to bring the agreement to an attorney & have it reviewed.  --  David Bliven

How can I make the steps to get physical custody of my children?

Q: I have had joint of my children for the past three years... I am the non custodial parent ... I have consistently visited with them on a biweekly basis, holidays, and summer vacations. Last month I learned from the children that they are no longer living with their father.. they stay with their grandparents 100% of the time..when they are not with me. The father visits them daily by picking them up for school and dropping them off ..and occasional dinners. What are the first steps I should take to get them back. (By the way I didn't lose custody of them due to negligence at all). 

A: David’s answer: First, you need to immediately file a modification petition. You should not let the issue linger, or else it will grow stale & the Judge will wonder why you sat on your rights. Second, you should try to get some kind of confirmation from either the father or the grandfather of what the situation is.  -- David Bliven