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Questions Answered by David Ivan Bliven
1 Answer | Asked in Child Support, Divorce and Family Law for New York on
Q: In New York, how often and under what circumstances can a child support be modified?

I have a child support order which was put into place in 2017 and I've never had the child support modified, but we had a modification in 2021 for the child care (day care, after care, camp) portion of it (not the amount, just how it is to be paid) Magistrate says that is still considered a... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 27, 2023

The statute (FCA 451(3)(b)) simply states child support is modifiable - among other reasons - once every 3 years from when the order was "entered, last modified or adjusted." Implicitly, this means any aspect of the order. This doesn't mean the order from 2021 cannot be adjusted in... Read more »

1 Answer | Asked in Divorce for New York on
Q: Can you skip income and medical sections on divorce papers if no one is asking for support or didn’t have joint medical?

It’s for a fully uncontested divorce with no children

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

It's unclear exactly which form you're referring to. If there are children involved, you must (at the least) submit the child support worksheet - though it's advisable to submit a full stipulation of settlement. Schedule a consult with a NYC Divorce Attorney for a full assessment.

1 Answer | Asked in Child Support and Family Law for New York on
Q: can a child over the age of 18 receive direct child support payments in new york?

The mother believes the child support money is hers and refuses to give the money to the child to have. The child is 18 years old and is attending college. The child has no job and goes to college outside of the state the child support is issued in. The mother either wants the money or wants to end... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

The answer is yes - so long as the child is no longer residing with the mother. A Child may self-petition for child support pursuant to Family Court Act 422. For a full assessment, schedule a consult with a Bronx Child Support Attorney.

2 Answers | Asked in Family Law, Arbitration / Mediation Law and Domestic Violence for New York on
Q: Hello. My Fiance's mother has continuously violated a court ordered stipulation for visitation with my 6 year old son.

In the stipulation the visitation is between her,my son and the supervisor. No one is to be there. She already violated once by bringing her daughter and grandson with. She did the same thing again yesterday,even though she was warned by the judge. The stipulation also states she is not to consume... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Jan 25, 2023

You should consider filing a Violation Petition. Among the remedies, the Court may reduce or cancel the visits - or make them supervised at a clinic. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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2 Answers | Asked in Family Law and Child Support for New York on
Q: Is one mandated by law to provide the financial documents submitted to the court to the other party in child support?

Section 424-A Compulsory Financial Disclosure of the Family Court Act only requires a party to file all the compulsory documents with the clerk of the court. However, the Support Magistrate Assistant took it upon herself to the send the documents via email to the other party’s attorney. Is that... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 17, 2022

Anything you file with the Court is supposed to be served ion the other side. As such, if you did not do so, then it was quite appropriate for the Court to send the other side a copy of what you submitted. For a full assessment, you should Call a Westchester Family Law attorney to schedule a... Read more »

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2 Answers | Asked in Child Custody and Child Support for New York on
Q: Child custody and child support

I had my children since June of this year. I have filed for sole custody of my children and a restraining order against mother. I was granted a temporary restraining order and my lawyer has already filed for modification of child support. My ex has been resetting the hearing for child custody and... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 17, 2022

In theory, you could file an order to show cause with the Court ion the child support case, requesting that the court issue a preliminary order suspending the child support. It's questionable whether the magistrate will grant same in advance of your regular return date & in advance of an... Read more »

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1 Answer | Asked in Divorce for New York on
Q: How long will my divorce take in Bronx County (New York)?

So my ex signed the papers, and my lawyer filed it with the court on August 11th, 2022. It was an uncontested divorce, no kids or property shared. Basically no fault and just a very simple split. He wants nothing, I want nothing. I just want to know the realistic timeline that I'm going to... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

It varies given the backlog - I've had Judgment's signed in as little as a couple of months, and I've also had Judgement's take 5-6+ months. It may also go slower based on the holidays, incorrect papers, etc. For a 2d opinion, call a Bronx Divorce Attorney.

1 Answer | Asked in Family Law and Divorce for New York on
Q: I'm going to court November 29th for a divorce that I asked my husband for over 26 years no children should I persu

We are not legally separated and our relationship has been a roller coaster he is lying saying we got married after two years separated with no contact no support I have proof this is a lie this is been going on for two years because he's never prepared won't show is Financials... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Nov 21, 2022

One cannot advise you whether your case is "worth pursuing" without a full assessment of the facts of the case. If your husband at least produced a net worth statement, then an attorney could send out subpoenas for corroborating documentation even if your Husband isn't willing to... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Is this considered relocation with the children without the other parent permisssion?

My ex boyfriend and his fiancee bought a home in CT about six months after we agreed on joint custody. It seems he has plans for the kids to live there with him but will not admit it. He lived in a 2bd room house in the bronx (owned by his mother who lives elsewhere) and moved some of his and the... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Sep 24, 2022

Is the Father the Custodial parent? Do you otherwise share custody? Generally the custodial parent cannot move the children's primary residence without either the permission of the other parent or court permission. But more facts are necessary to definitively answer this question.... Read more »

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3 Answers | Asked in Child Support and Family Law for New York on
Q: My ex and I share joint custody of our children. He pays child support but not according to the Child Support Standards

Act. We opted out of that b/c we share equal access of the children. School costs 65/35. medical 60/40 Responsible for purchasing own clothing for kids, childcare. share all other statutory add ons 60/40. Question - where do haircuts fall under? Thank you for your time.

David Ivan Bliven
David Ivan Bliven
answered on Aug 20, 2022

Basic child support is intended to cover all basic necessitates of the child - including costs of haircuts. If basic child support was waived and only 1 parent is paying for the haircuts & the other parent is refusing to contribute, then a modification petition may need to be filed. Schedule... Read more »

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2 Answers | Asked in Family Law for New York on
Q: Are non violent or severe family order violations enough to say a change in circumstances has happened to modify order

I seen on youtube a lawyer who said the violations of custody order can warrant a change in circumstances as the original order was not followed

Violations such as order says itinerary for trips outside the state must be provided at least 48hrs in advance or more. And the mother on multiple... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Aug 20, 2022

Violations - depending on the nature, severity & frequency - may indeed satisfy the standard of "substantial change of circumstances." But that is a completely separate question from whether the court will then switch physical custody as a result. Even with a violation established,... Read more »

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2 Answers | Asked in Divorce and Child Custody for New York on
Q: Are there any circumstances where visitation rights don't end at 18? I was told they end at 21, but I don't believe it.
David Ivan Bliven
David Ivan Bliven
answered on May 31, 2022

There are no circumstances under which jurisdiction to modify/enforce visitation can be extended beyond age 18 in New York. For a full assessment, contact a Bronx Divorce Attorney.

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2 Answers | Asked in Divorce for New York on
Q: I checked ecourts in NY for my divorce status and it says NOI filed 5/28/21 and NOI due 5/28/22? Meaning?

My uncontested divorce case was filed in NYC during COVID. How can I tell if there are other issues with my divorce case or if we are just waiting for a judge to sign.

David Ivan Bliven
David Ivan Bliven
answered on Apr 25, 2022

"NOI" means Note of Issue - meaning you needed to have filed one & paid the fee when presenting your judgment package. To follow-up, you can call the Matrimonial Clerk's office. You may also call a Bronx Divorce Attorney for more info.

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2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can you tell me what can be done?

So I’m in a situation that me and my daughters father gave joint custody now for years he always threatens me to take me to court and then threatens to take full custody of my daughter but most of the time it is because he still wants us to be together and he wants to do it out of spite (I do... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 16, 2022

It's advisable in this instance to start keeping a paper-trail. For starters, you can tape-record conversations you're a party to, whether over the phone or in-person. You should also propose using an App such as "Our family Wizard" or "Talking Parents" to not only... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for New York on
Q: When do child support areers start? I hear they start from the day the mother files? Or is it after an order put in?

Currently have a 7 month old who I provide everything for in my home, I had to goto court to get visitation rights even tho I’m on the birth certificate and signed AOP.

I told the mother if she’s worried about her resources she can give me the baby for more time and I’ll happily use... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 16, 2022

By statute, child support is retroactive to the filing date of her petition. If the court ends up giving you shared custody, then you can subsequently petition for a modification of child support. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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2 Answers | Asked in Divorce, Family Law and Immigration Law for New York on
Q: Wife used myW2s for her mom to come to theUS and a greencard without me. She's moved her in without mypermis. legal?

I'm divorcing because I told her I don't want her mom living with us and she forced her into the house and now I'm paying for food and everything for her mom too. I never agreed to get her mom a green card or to use my income to help with this. She did this behind my back and I found... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Apr 7, 2022

If you deem that to be a deal-breaker, then it's certainly a basis to terminate the marriage. I can't say whether she committed "immigration fraud" as that question would need to be posed to an immigration attorney. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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2 Answers | Asked in Family Law and Adoption for New York on
Q: How can I terminate parental rights in NYC?

I have a visitation trial coming up but my partner wants to adopt my daughter. My daughter's dad has not paid child support since 2019 and I have a 5 year order of protection. His psychological evaluation said it would not be good for him to be with a child base on his personality disorder and... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

You can bring an adoption proceeding - this would result in effectively terminating his parental rights. Bear in mind, however, that nonpayment of support and/or having an order of protection would not be grounds (in themselves) to have the adoption approved - the Judge would need to find he... Read more »

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3 Answers | Asked in Adoption, Child Custody and Family Law for New York on
Q: My friend had a baby with me, gave me said child, i even have full custody, can she do that?

I cant have kids. My friend became pregnant and was going to get an abortion due to just having a baby, so I asked would she keep it for me due to my fertility problems, she stated yes a few weeks later (we lived together so it was perfect), she had him on Feb 19, 2019 spend almost a month in the... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Feb 11, 2022

Yes - if the child's biologically yours, then the two of you have arranged for informal custody. That said, you should consider formalizing the arrangement by filing a petition for custody with the Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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1 Answer | Asked in Contracts, Divorce and Family Law for New York on
Q: Last page of my prenup was not signed by notary, only the appendices. Does this invalidate the document?

Want to make sure prenup is still enforceable in court because it is missing the notary signature on the last page. The notary signature and stamp is only on the appendices, where the detail of the assets and liabilities is listed.

David Ivan Bliven
David Ivan Bliven
answered on Jan 3, 2022

If the notary stamp & signature was not on the acknowledgement page, then it would appear the prenup is invalid. One is best advised to have it re-notarized - though definitive advice can only be given after a review of the document. Thus, please call a NYC Family law attorney for a full... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Can my sons father take my son from me?

I’m an unmarried mother of a 20 month old and his father is very emotionally/mentally/verbally abusive towards me. He doesn’t hit me but threatens to. Recently he drank half a bottle of brandy by himself and threatened to kill me. Any time I disagree with him on something he threatens to take... Read more »

David Ivan Bliven
David Ivan Bliven
answered on Dec 29, 2021

First, you should begin audio and video-taping him. Capturing his threats & verbal abuse would be good evidence in court. Second, if he drinks to the point of intoxication, you should get a video of him in his drunken stupor. Third, you don't have to put up with domestic violence. Put... Read more »

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