Q: I haven't had her in two years,me and my wife went are own ways and we all said it would be best for her to live ex mother in law due to we could not take care of her,and they said no money is excepted from me or my wife that they will pay for all and anything she will need.they are doing this due to the fact that i'm taking my wife to court for visitation of our son,and that came to me in a text message.they want it back dated for the past two years.can they go that far back?
A: David's Answer: If there is no child support order or enforceable agreement, then support is generally only retroactive to the date of the application. That said, you should figure out what you may owe & start making payments now. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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.
Friday, September 26, 2014
Sunday, September 21, 2014
It's been well over 90days since my trial to have my CS order terminated,the judge still hasn't made a decision.What can i do
Q: I've overpayed thousands of dollars at this point .Does she have a legal time frame to make a decision and if so what can i do to enforce this .At this point i'd rather her rule against me so i can appeal.
A: David's Answer: The very general rule is that the Judge has 60 days from when the case is fully submitted to render a decision. That said, this deadline can be extended due to backlog and/or waiting for transcripts to come in. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: The very general rule is that the Judge has 60 days from when the case is fully submitted to render a decision. That said, this deadline can be extended due to backlog and/or waiting for transcripts to come in. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Tuesday, September 16, 2014
I am five months pregnant with my fiancés child and I am not quite sure that things are going to work out
Q: My fiancé is recently divorced with two children and is already working a ridiculous amount just to be able to pay his ex wife what she is getting for child support. I know that he will have no time to take care of a new born due to his work schedule. Is there any way that I can obtain soul custody of my child and does the fact that we aren't married help my case?
A: David's Answer: Once the child is born & you have separated form your fiancé, then you can file for custody in Family Court. Whether you are married or not doesn't affect the analysis regarding custody, however. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Ex called the police for harassment last year
Q: I called her and her sister because she was using marijuana while she had custody. She did not press charges. I now wan to file for phone time and more visitation. Do I need to worry about the report?
A: David's Answer: I'm not sure I understand - you called in a report on her for using drugs, or she called in a report against you? That said, it you called in a report against her but did so in good faith, I don't see it hurting you. Of course, one would need to assess the full history here to render a definitive opinion. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: I'm not sure I understand - you called in a report on her for using drugs, or she called in a report against you? That said, it you called in a report against her but did so in good faith, I don't see it hurting you. Of course, one would need to assess the full history here to render a definitive opinion. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am getting remarried and want to protect my self this time.
Q: My fiancé and I are expecting a child together and live in my apartment. We want to buy a home. She has been a student and has minimal credit. So, we will both contribute to a down payment. I have been approved for a mortgage. I would like to know, if the home is purchased before we get married and I am the only one able to get a mortgage, in the uneventful case of a divorce, will she have rights to the home aside from a portion of down payment.
A: David's Answer: Generally the house would remain your separate property. However, she MAY be able to claim a share of the principal paid down during the marriage with marital funds and/or capital improvements made to the house with marital funds. You're best advised to do a prenup. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Sunday, September 7, 2014
If my ex goes back to his home country the Caribbean islands does he still have to pay child support and can I remove his rights
Q: we have gotten a divorce and things are not working for him he has visitation but I don't want my kids to deal with him. he has not paid me in four months and I have him on collection for back payments I believe he is goin to try an just go back home. if he does can I still fight for child support or can I have his rights removed when he is gone.
A: David's Answer: Yes, most countries will honor U.S. support orders, but you'll need to verify this by consulting a Family Law attorney in that country. For instance, you may need to register the order for enforcement purposes in that country. You would not, however, be able to "terminate his rights" outside of the context of an adoption proceeding. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Yes, most countries will honor U.S. support orders, but you'll need to verify this by consulting a Family Law attorney in that country. For instance, you may need to register the order for enforcement purposes in that country. You would not, however, be able to "terminate his rights" outside of the context of an adoption proceeding. - David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Grounds for abandonment? Can I have his rights revoked? My daughter turned 14 in June and wants nothing to do with him at all
Q: My ex has a drug/alcohol addiction. He is currently going to court for his 3rd DWI within the last 10 years that he recv'd in Apr. The judge at family court ruled in Jan 2014 that he is not to have any visitation with my daughter, unless in a therapeutic session and only until the counselor deems it necessary to cancel sessions. My ex recently canceled all further sessions and told my daughter that he would walk away and leave her alone. He has had no contact with her since July, and does not pay child support regularly. The child support collection unit, filed a violation.
A: David's Answer: There is no such thing in NY has having parental rights terminated outside of the context of an adoption proceeding. You can, however, file a motion/petition to have visitation terminated (as that's apparently what he wants anyway). His obligation to pay support will continue, however. - David Bliven, Westchester Family attorney (www.blivenlaw.net)
A: David's Answer: There is no such thing in NY has having parental rights terminated outside of the context of an adoption proceeding. You can, however, file a motion/petition to have visitation terminated (as that's apparently what he wants anyway). His obligation to pay support will continue, however. - David Bliven, Westchester Family attorney (www.blivenlaw.net)
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