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Questions Answered by David Ivan Bliven
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 »

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... 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... Read more »

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