Call 914-368-7580 now to schedule a 20-minute Case Assessment or full 50-minute Case Strategy Consultation!
Call Today 914-368-7580

August 2019 Archives

Can I still take the father to court for child support even if an agreement was made by him signed ?

Q:The father had me sign an agreement but it has scratch outs with no initials next to it and it was still notarized. It looks sloppy and I do not want to continue this agreement anymore & I need the judge to stop it so we can continue in court for child support.

Will I qualify for Alimony in Divorce?

Q: I recently found out that my husband of eight years has been cheating on me. He owns and operate a six-figure construction company and is the main provider in the home. Throughout the marriage He constantly complained about financial problems stating that the business is not doing well and that we are broke. As a result, He does not give me any financial assistance and no health insurance. He keeps his income a secret so I do not know how much money he has. Yesterday I found out that he has a mistress and have been financial supporting her. He has given her over a thousand dollar in the last two weeks including $400 for clothing yesterday. I have evidence of all the money he sent her. We don't have any children, I work a minimum wage job and amassed a small savings. I would like to pursue a divorce. will I be able to get alimony? 

Seasonal job and says will quit if taken for child support!

Q:My child's father has made it very clear I'd only get the "bare minimum" if I filed CS. He works in construction for family. He said he'd go for visitation which I don't mind because our child is 10 but it's been over 3 years since he's seen her! Is it worth the lengthy process with someone who has no license & really nothing to lose if he were to NOT pay (he's done jail time and says he's not afraid to go back). It's just unfair. 

Can I take my son and refuse to return him to his mother?

Q:My child's mother and I have never been married but we both signed the birth certificate. Just recently she told me she was moving to Indiana and refuses to let me see or talk to him. She never discussed the move with me and doesn't care how I feel about her taking the child. She Just called today to tell me she will be leaving in a day or two but will allow me to see my son once before they leave. Please note, I haven't spoken to or seen my son in weeks prior to this phone call. If I pick him up and decide I wanna keep him for more than a few days. Can i get in trouble? I'm also a convicted felon but wish to file for joint custody and visitation rights, can I keep him and file those papers while refusing to return him to his mother??? There are no prior custody agreements between us. 

Will the court approved my moved to Pa. it's 90 mins away from my daughter father & less than 100 miles?

Q:My daughter father feels that since I am the one that is moving then I should be the one to bring her in to the Bronx every other week. He just got a lawyer and his lawyer had the nerves to contact me to tell me that I can't relocate to Pa unless I have the courts approval and that how my daughter father is against the move. 

Can non custodial parents girlfriend take child out of state with our permission from me ?

Q:So I am the custodial parent of my 11 year old son. His father gets visitations every other weekend and 1 month in the summer ... now it's summer time and he had advised me he signed my son up to camp , gave me all the information and said he would be starting today July 8th... turns out my son is in a different state with out his father but with his fathers girlfriend and her family . He never told me he was allowing this to happen or even brought it up, if my son didn't call me I would have never known . Is this allowed ? 

How long after a "motion to vacate an order" is a decision made?

Q:My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn't know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn't know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn't in NY at the time he was served he was caring for his ill father, who has passed. Given he didn't know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn't served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was "served" (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day? 

What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

Q:My wife and I live in and were married in NY. I was just terminated from my government job; I'm claiming it was due to a disability and have retained an attorney in this regard. I intend to file for divorce and know that she will get custody of our son and that I will have to pay child support. She does not work, and I have no current income, other than $3,000 in stock dividends yearly, and minuscule bank interest. My stock holdings are worth about $200k . I own the house, worth about $800k and intend to live there. I know that the standard for support would be 17% of my income, but I don't have a salary, not a pension. I have a strong case against the government, but it can take a year or more for my disability retirement to be approved, or denied, but my case is very compelling. I'm afraid the support magistrate is going to look at me as having a lot of money, but I have no steady and very little income flow. If I were to sell my stocks to help pay for support, I wouldn't have enough left to pay my taxes on substantial capital gains. 

My partner is married but the guy she married left to another country without concent . can she get a divorce ?

Q:My partner haven't seen her husband in 2 years and she had a kid with another guy and now she is pregnant by me ... and I would like to get married to her ... 

Why my lawyer Trying to over turn my court order without my consent?

Q:I was awarded full legal and sole custody of my son by default. The father never showed twice, then I went to court for visitation only they provided me with a public defender and now he is Trying to over turn my order that another judge put in place tut o make my son father happy I live in Westchester county the father lives in Brooklyn with his parents. Our son was born prematurely at 25 weeks weighing 1 lb and 6 ounces. I'm the one taking our son to doctors and therapy and early Intervention our son is 1 years old now. His father sees the child now every other weekend and when he does have his child his grandparents watch our son not his father. The father is in a motorcycle club and parties every weekend, I do everything for our son but he wants 50/50 for what. You lied to the court about visitation which he gets and we even talk about his having him on certain holiday and even a vacation. On top of my son father in our relationship used to beat up on me so I have a restraining order on him and his lawyer wants me to stay in a close radius to him I don't think so my address is also confidential now in the courts I'm afraid of his father I need advice. 

Will the court approved my moved to Pa. it's 90 mins away from my daughter father & less than 100 miles?

Q:My daughter father feels that since I am the one that is moving then I should be the one to bring her in to the Bronx every other week. He just got a lawyer and his lawyer had the nerves to contact me to tell me that I can't relocate to Pa unless I have the courts approval and that how my daughter father is against the move. 

Can non custodial parents girlfriend take child out of state with our permission from me ?

Q:So I am the custodial parent of my 11 year old son. His father gets visitations every other weekend and 1 month in the summer ... now it's summer time and he had advised me he signed my son up to camp , gave me all the information and said he would be starting today July 8th... turns out my son is in a different state with out his father but with his fathers girlfriend and her family . He never told me he was allowing this to happen or even brought it up, if my son didn't call me I would have never known . Is this allowed ? 

How long after a "motion to vacate an order" is a decision made?

Q:My husband was arrested back in Feb, which he was released the same night. While releasing him they found a warrant in another county he didn't know about. They transferred him to that county upstate & hes been serving time for non payment of child support and not responding to court dates, which he didn't know. In May he filed for adjustment of arrears & at his court date he showed proof he wasn't in NY at the time he was served he was caring for his ill father, who has passed. Given he didn't know/was served at his prior job he no longer was working at, the judge advised he file a motion to vacate the order as opposed to what we originally did. We filed the motion to vacate that day. We provided proof that he wasn't served, no longer working there prior to when she stated she had him served. The motion hearing was today. Given all the proof we showed: proof of residency in a state 800+ miles away, lack of income, his father passed away and was ill, he was no longer working where he was "served" (notarized letter from the owner).If they grant the motion will he be released? Do they make decisions the same day? He has a fact finding hearing on the 16th will he be released that day? 

What shld I do...make an Ord to Shw Cause showing why the judge's dec. was incrrect, + ask that they be ordrd back to NY4 GOOD?

Q:My ex-wife, after our divorce was finalized, made an Order to Show Cause in a New York Supreme Court to relocate and was successful; as such, she and our child moved out of state.. There was a hearing, and I fought the alleged merits to the move. The judge issued an "Interim Decision After Hearing". The judge set forth several conditions that my ex has to comply with, e.g. , proof of employment, proof that she came back to NY to visit between now and our next court appearance (which will be in March 2018, proof of pediatrician's treatment of child, proof of family's support in new locale and proof of compliance w/ other matters . If she succeeds in convincing the judge that she has complied, then the move will be made permanent. I WANT THE JUDGE TO ORDER THEM TO RELOCATE BACK TO NY because the family reneged on the promised support, the child is not seeing a doctor for a somewhat serious condition and more. I believe that the move was not made in the child's best interest. There is also new evidence, which is relevant, and very well might have changed the outcome of the decision that I'd like to submit, that I couldn't have known at the hearing, because they just came to light. 

Should i cancel the child support order?

Q:Child support is only mandating the father pay $25 per kid a month we have 2, so that 50 he doesn't even keep up with because he doesn't like being mandated by the court & he swears he would do more if he wasn't obligated. My expenses are way over 50 a month i really cant do anything with that anyway should i just take him off? 

My wife lives overseas and is refusing to give me her address to serve the divorce papers. How can I divorce her?

Q:I am a US citizen in NY, USA. She is in Ethopian now in Ethopia( not part of the Hague Apostille Convention). We have been seperated since 12/2008. We have no kids. I don't know where she lives. She reaches out to me once in a while and then disappares. How do you serve someone who doesn't want to be served? 

Baby daddy using medicaid on my son?

Q:I was in Pa and just returned to NYC and applied for medicaid to find out that baby daddy is applying for medicaid with my son. Hes taking me to court to take full custody (judge asked him to do paternity test) so hes not even considered a legal parent and yet got his way to use my son ssn for medicaid. Is this considered fraud? What can happen at the court? So he came in a year ago as I petioned him and already have one arrest for domestic violence and two harassment report. 

Email Us For A Response

Get Legal Guidance To Support Your Future

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact The Law Offices Of David Bliven

White Plains Office
445 Hamilton Avenue
Suite 607
White Plains, NY 10601

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions

Bronx Office
3190 Riverdale Avenue
Suite 1
Bronx, NY 10463

Phone: 914-368-7580
Fax: 914-206-3687
Map & Directions