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Questions Answered by David Ivan Bliven
3 Answers | Asked in Family Law and Child Custody for New York on
Q: What happens during court for visitation/custody after a mental health evaluation has been done.

My ex husband has a crack and alcohol addiction. He has been several times in the psych ward and the judge order a mental health evaluation. Both my daughters lawyer and my lawyer are requesting for an order of protection for my baby. What is the process? Will he get visitation rights and joint... Read more »

David Ivan Bliven
David Ivan Bliven answered on Jul 17, 2021

It seems unlikely he'll receive anything other than supervised visitation - for now - based on the facts provided. One can't predict how the mental health evaluation will pan out, but if if makes a finding that the Father has a mental illness affecting his parenting capacity, it... Read more »

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2 Answers | Asked in Family Law and Domestic Violence for New York on
Q: My son keeps vomiting and diarrhea after his court order visits with his dad. I think he’s giving him contaminated food

His father says he feeding him what he gives the other kids in the house. Then the father also says it didn’t happen with him. The vomiting and diarrhea has happened multiple times after the visits. What do I do?

David Ivan Bliven
David Ivan Bliven answered on Jul 17, 2021

You're best advised to bring the child to a Doctor. Document the days/times the child's returned and has that episode, and ask the father to document what he's giving to the child. For a full assessment, schedule a consult with a Bronx Family Law Attorney.

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2 Answers | Asked in Child Support and Divorce for New York on
Q: My spouse refuses to abide by our divorce agreement and pay for what he agreed to pay, what court or recourse do I have.
David Ivan Bliven
David Ivan Bliven answered on Jun 23, 2021

If its a support or custody/visitation issue, you can file a Petition in family Court. If it's otherwise, you'd need to file an order to show cause in Supreme Court. You should also consider sending a "default notice letter," especially if your agreement requires it. Schedule... Read more »

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1 Answer | Asked in Family Law, Civil Litigation and Civil Rights for New York on
Q: How do I petition the court in NYC for a typo error correction on a judgement order?
David Ivan Bliven
David Ivan Bliven answered on May 13, 2021

If it's in a divorce case, then you'd file an order to show cause for an amended judgment. You'd need to submit an affirmation/affidavit stating the reason for the correction. Schedule a consult with a NYC Family Law attorney for a full assessment.

1 Answer | Asked in Divorce for New York on
Q: I filed for a divorce 8 months ago and I checked the e-courts and I need help understanding the meaning of things

I filed for a divorce 8 months ago and I checked the e courts and it says there was a an appearance date April 29th that already passes, it says court date purpose : Conversion-Other , justice part: part 30 also the Date NOI Due: September 29th 2021.

What does all this mean? will I have to... Read more »

David Ivan Bliven
David Ivan Bliven answered on May 8, 2021

E-courts is sometimes cryptic. Merely because it says there was an appearance doesn't mean there was one - it could be just a tickler in their system. That said, if the case is still uncontested, you need to file the judgment package along with the note of issue. Schedule a consult with a... Read more »

2 Answers | Asked in Divorce for New York on
Q: i want to get divorce
David Ivan Bliven
David Ivan Bliven answered on May 1, 2021

You should reach out to a NYC Divorce Attorney to set-up an initial consultation. If you have any specific questions about your potential divorce case, please feel free to post them.

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2 Answers | Asked in Family Law for New York on
Q: What if my husband wants to divorce before the baby is born? Would he always be the father?
David Ivan Bliven
David Ivan Bliven answered on Apr 16, 2021

The divorce doesn't necessarily effect his parentage. Especially if he signs the acknowledgement of paternity (allowing his name to go on the birth certificate), then he's the Father. Even so, generally a baby which is conceived during the marriage is presumed 'of the... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Does the court considered both my disability and employment for child support in the state of New York.

My ex wife is trying to take me to court once again to increase child support payment I’ve not missed a payment it gets taking directly out of my check from my current employment and she’s constantly harassing me I have reason to believe she somehow found out my disability no very legal then... Read more »

David Ivan Bliven
David Ivan Bliven answered on Apr 6, 2021

Actually, disability IS a form of income for child support purposes. Thus, if you both receive disability + job income, they'll both count for support calculation purposes. Schedule a consult with a NYC Child Support Attorney for a full assessment.

3 Answers | Asked in Divorce for New York on
Q: hello. I've got some questions about spousal support or maintenance before divorce.

haven't filed yet but I think my husband might soon.

I don't work and haven't in a while. I'm dependent on my husband for money but her had cut me off and depleted our joint checking account

David Ivan Bliven
David Ivan Bliven answered on Mar 6, 2021

Whether you'd qualify for maintenance is dependent on a variety of factors, such as length of marriage & income disparity. He'd also need to make enough to support his own basic expenses + yours. You can get some idea of the amount by using this calculator:... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Child support violation hearing

Non custodial parent has not paid any current child support since December of 2019 as of February 2021 he owes 4800.56 in arrears with the last tax intercept being March 2020 if I take him to court for a violation hearing and I do end up getting another tax intercept refund for his arrears before... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

If he violated the order by not paying, but then the tax intercept pays off all arrears, he could nevertheless be held in willful violation of the support order (for having violated it in the first place). That said, if there's no arrears by the time of court, then there's little the... Read more »

1 Answer | Asked in Child Support for New York on
Q: Do I still have to pay child support if child goes out of state for college an live with his mother
David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The short answer is yes - child support generally continues in NY until age 21 unless the child is emancipated. If the child's attending college, then generally the non-custodial parent would not only pay basic support, but also pay his/her share of college expenses as well. Schedule a... Read more »

2 Answers | Asked in Family Law and Child Custody for New York on
Q: Would a judge approve a vacation if 1 of the days falls on a day that the noncustodial parent has?

The non custodial parent has been inconsistent with seeing his child. From March 2020-July 2020 he did not see her. He did not take her for his two weeks scheduled visitation for the summer and he did not take her for his holiday on Christmas Eve. He gets her spring break week and I asked prior to... Read more »

David Ivan Bliven
David Ivan Bliven answered on Feb 28, 2021

The problem on your end is that NYC Family Courts are currently prioritizing emergency cases until the pandemic is over - I don't frankly this this would qualify as an emergency. The issue for the Judge would be why you wouldn't be able to switch the dates of your travel. But ultimately... Read more »

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1 Answer | Asked in Child Support for New York on
Q: Is a support case valid if the custodian parent employment wasn’t verified & lied about being employed?

My income was verified & her wasn’t. She lied about employment & the court reused to verify. Can I get the case overturned?

David Ivan Bliven
David Ivan Bliven answered on Feb 19, 2021

The Court does not have an obligation to "verify" her income. That's your responsibility - you could have, for example, issued her a disclosure notice and/or served subpoenas. Schedule a consult with a Bronx Child Support Attorney for a full assessment.

1 Answer | Asked in Divorce for New York on
Q: Hello my name is Ren .i filed my uncontested divorce through nyc e file in july .Is there a way to speed up process?
David Ivan Bliven
David Ivan Bliven answered on Feb 19, 2021

Merely filing the divorce does next-to-nothing. You'd then need to have the papers served, file an affidavit of service, and then submit the Judgment Package (assuming the other side defaults. You may wish to call a NYC Divorce Attorney for a full assessment.

2 Answers | Asked in Child Support for New York on
Q: How can someone stop paying child support when they now live on there own and have a job and no longer go to college ?

And the mother is receiving and keeping the money

David Ivan Bliven
David Ivan Bliven answered on Feb 19, 2021

I assume you mean the child is living on his/her own & working. With that assumption, you'd need to file a Petition to Terminate Support, alleging emancipation. Bear in mind you need to prove the child's totally self-supporting. Schedule a consult with a Bronx Child Support... Read more »

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2 Answers | Asked in Divorce for New York on
Q: Am I required to provide my ex husband with proof of payment from a divorce agreement?

Based on the divorce agreement my ex husband had to buy me out of the house. We both can not find proof of payment. If we go to court will I be required to sign a document stating he paid me for the buy out?

David Ivan Bliven
David Ivan Bliven answered on Feb 5, 2021

Without reviewing the exact structure of your agreement, if it says your husband needed to buy you out, then it seems to me like - if you're disputing same - he'd need to produce evidence of the payment. That said, with something so significant, one would think there'd be a cashed... Read more »

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2 Answers | Asked in Divorce for New York on
Q: I've been married 21years,we lived together 1 year we've been separated since then can I still get an annulment
David Ivan Bliven
David Ivan Bliven answered on Jan 30, 2021

Whether you qualify for an annulment isn't necessarily based on either the length of the marriage, or the period of separation. Instead, it's based on whether you'd satisficed one of the statutory grounds which would render the marriage void or voidable. Based on the length of time... Read more »

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3 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for New York on
Q: If my sons mother loses her job and isn't actively seeking another and we have equal shared custody, what can I do.

I'd like to petition the court for full custody.

David Ivan Bliven
David Ivan Bliven answered on Jan 30, 2021

Financial ability to support a child is but 1 factor in a custody determination. There are numerous others which need to be analyzed, including length of time the agreement's been in place, compliance therewith, availability to the child, preference of the child (depending also on... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for New York on
Q: hi. i have an 11 month old daughter. i would like to leave my husband because he's verbally abusive. can i do that?

i live in new york and i have been married for a year and a half. our daughter is 11 months old. i cant live with my husband any longer due to his anger problems towards me and her. he is very verbally abusive and he grabs my child way from me. am i allowed to take my daughter and leave to my... Read more »

David Ivan Bliven
David Ivan Bliven answered on Jan 30, 2021

If there are domestic violence issues, then you're always free to leave. Let him know where you went, and then strongly consider filing for an order of protection and/or a divorce case. If he won't "let you leave" then that speaks to the fact that you should - no one deserves... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Support for New York on
Q: I filed for divorce in Feb with a judgement of stipulation. It's still pending and I am hoping for it to be finalized in

a month or two. I am the father (non custodial) paying support and alimony. What I am paying is what I agreed on based on my job that I was let go from last month. I thankfully found a new job, but what my income is now is greatly less than what I anticiapated with the agreement. I pay my soon... Read more »

David Ivan Bliven
David Ivan Bliven answered on Aug 1, 2017

You can't get a modification of your agreement in Family Court. You'd need to wait until the Divorce Judgment gets signed & THEN file for modification. Be prepared to prove that the reduction of your income since you signed the agreement was thru no fault of your own - and that... Read more »

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