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Questions Answered by David Ivan Bliven
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 you're making best... Read more »

2 Answers | Asked in Child Support and Divorce for New York on
Q: Getting separated from wife. She wants spousal support. I pay child support from a previous relationship. Can I deduct

Can I deduct the child support from my income?

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

The way the statute reads, it's technically payment of maintenance (a/k/a spousal support) which gets deducted form income before calculating child support. Often times, however, cases resolve themselves by doing the reverse calculation (as you've laid it out). Schedule a consultation with a... Read more »

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3 Answers | Asked in Divorce for New York on
Q: I have been married for 34 years and my husband is a gambler. Lately I found that he has been withdrawing from his 401k

If i file for a legal separation until I am ready to divorce will this put a financial hold on his 401k?

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

No, not necessarily. Only with a divorce filing are "Automatic Orders" put in place which restrain parties from removing funds from retirement accounts. Otherwise, he must agree to not remove the funds - in which case divorce is your better option. Schedule a consultation with a Bronx Divorce... Read more »

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