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Questions Answered by David Ivan Bliven
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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1 Answer | Asked in Child Support for New York on
Q: How do I collect arrears?

I have a support order over 40k in arrears and somehow he is a free man! He is working because his iron worker union has told me but support collection doesn't get a response from employer. Should I hire a lawyer?P.I ? I have tried by the book and he gets away with no responsibility at all!!

David Ivan Bliven
David Ivan Bliven answered on Dec 7, 2021

You should file a violation petition - with the aim of obtaining a money judgment. Among other things, the money judgment accrues 9% interest on the arrears. It also allows you to take action if SCU isn't - you can (via an attorney) move to garnish wages, seize money from his bank accounts,... Read more »

1 Answer | Asked in Child Custody and Child Support for New York on
Q: Father of a 4yr old. Child support and custody established to mother. Mother promised to make my life hell for 18 yrs.

I’m seeking full custody of my son. Current on child support with a credit also. Currently have my son 2 days a week. Tried my best to coparent with mother but she has promised to make my life hell for 18 years. What can I do?

David Ivan Bliven
David Ivan Bliven answered on Dec 4, 2021

Keep a careful paper-trail. Request additional time - request reasons for the denial of the additional time. File your petition - get a good lawyer to represent you. Thus, call a NYC Child Custody attorney to schedule an initial consultation.

2 Answers | Asked in Child Support for New York on
Q: My disbursement payment was $474.94 but only received $200. Will the payments roll over to the next month ?

My disbursement amounts changes. Only received $200 for 3 kids but my disbursement amounts be way more than $200. Where does the rest of the money go?

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

You may wish to contact SCU on this. They're entitled to charge an annual administrative fee (as of Nov. 2021, it's $35). It's possible they hadn't charged you that fee for several years & are now catching up, but that's only speculation. For a further assessment,... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for New York on
Q: I have a support & custody case in SC and live in NY. The CS was transferred to NY. Can I do the same for custody?

I was never married to the dad of my child. The relationship became abusive, I fled while pregnant. We have been in court for 5-6 years. I have taken drug tests, all negative. I send gifts but because of unfounded allegations (I have documentation from local agencies and CPS that prove I am... Read more »

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

The jurisdictional law is different for child custody versus child support cases. As a general rule, the "home state" of the child (i.e., where the child has resided for the 6 months immediately preceding the case) is where the custody litigation will need to take place. For a full... Read more »

2 Answers | Asked in Divorce for New York on
Q: The judgement for my uncontested divorce was served on my ex-spouse by certified mail but it’s now being returned.

She was not home to receive the judgement so it was brought to the post office for pickup. I sent my ex the tracking number so it could be picked up, reminded her a few times to go get it, but she never followed through. Now it’s being “returned to sender”. Do I need to make another attempt... Read more »

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

Unless the Judge ordered otherwise, you're obligated to mail her a copy of the final Judgment along with notice of entry. There's otherwise no obligation to send it certified mail - same is advisable (but not otherwise required) if the other side has defaulted. Schedule a consult with a... Read more »

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1 Answer | Asked in Child Custody for New York on
Q: Can the court make me pay child support. If I am disabled and my child has always been disabled. I am on Medicaid.

I can't pay and don't want to pay. How can I stop? Please help me with this matter thank you...

David Ivan Bliven
David Ivan Bliven answered on Aug 18, 2021

The short answer is yes - so long as you're the Father, you have a legal obligation to support the child. You will have the burden of proving you're disabled thru competent medical evidence. Even if you succeed in that burden, you'd still pay 17% of your disability, unless paying... Read more »

2 Answers | Asked in Divorce for New York on
Q: How can I limit overspending from my spouse as I already filled for a divorce summons?

My lawyer submitted the Action for Divorce Summons mid June 2021. We still have a joint bank account and my spouse has her own account for her LLC.

Since our separation my spouse spend twice more money as I do. Our expenses are higher than our income. While the summons for divorce has been... Read more »

David Ivan Bliven
David Ivan Bliven answered on Aug 18, 2021

Due to the automatic orders, you cannot change the character of the joint account without her express permission. But you can generally do 2 things: (1) you can stop your direct deposit from going into that account & (2) discuss with your wife whether she agrees to simply split up the account.... Read more »

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2 Answers | Asked in Divorce for New York on
Q: How can I re-enroll our child to her previous high school without my spouse consent?

Our child was enrolled in a public highschool in the city I work/live but my spouse enrolled our child in her village (another county) during the pandemic. Our child wants to be re-enrolled in her previous highschool but my spouse is strongly opposed. We are running out of time since schools starts... Read more »

David Ivan Bliven
David Ivan Bliven answered on Aug 18, 2021

If you can't resolve the issue, then file for divorce. Then you can either negotiate the issue or file an order to show cause & get before the Judge for a ruling. Schedule a consult with a NYC Divorce Attorney for a full assessment.

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2 Answers | Asked in Divorce for New York on
Q: Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for divorce in the us?

Question about Family law. My wife and currently overseas and getting divorced. Can my wife file for another divorce in the us after the divorce is granted in another country?

David Ivan Bliven
David Ivan Bliven answered on Aug 7, 2021

Yes - sometimes people simply want the safety of having a divorce judgment issued by NY - especially if they were married here. Likewise, if the foreign court did not have proper jurisdiction and/or it did not reach certain issues between the two of you (e.g., asset/property distribution), then it... Read more »

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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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4 Answers | Asked in Divorce for New York on
Q: Hi - If I have residency FL but own property with husband in MA and now live in NY as he abandoned me - where divorce?

He is a German/US citizen and receives pension and SS both countries and has left me with no money, car, support, etc.

David Ivan Bliven
David Ivan Bliven answered on Aug 7, 2021

To file for divorce in NY, he has to have been residing here for more than 1 year + other factors (e.g., you were married in NY, you resided in NY as Husband & Wife relatively recently, etc.). You may also wish to consult a FL Divorce Attorney as to whether you still may have jurisdiction... Read more »

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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.

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