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

December 2019 Archives

Q: I've moved to another state due to a toxic environment and a DV situation. But have a custody agreement, am I in trouble?

A: If your custody agreement was done in New York & was incorporated into a court order, then the best advise to give is for you to immediately file a custody/relocation petition & get a Judge to approve the move (albeit after-the-fact). There is not petition you need to file regarding the Father's visitation - you should strive to follow the access schedule in the agreement. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

My husband left me in divorce 3 months after we married and I being 19 years old and since I don't know where he is, do you think I could divorce?

A: Yes, you can still divorce him. Ultimately if you can't find him, however, you may need to retain a private investigator to conduct a "diligent search." Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: Can I fight for a son I didn't know I have and that the mom keep from she told me she had lost the baby ?

A: You need to file a petition for paternity as well as a petition for visitation. That said, the law generally states that if you have any doubt you're the father, you should pursue your rights at the time. Call a Bronx Child Custody attorney to schedule a consult for a full assessment. 

Q: I have been married less than a year how do I file for a divorce ?

A: You can still qualify for a divorce. In NY, so long as the marriage has broken down "irretrievably" for 6+ months, you qualify for a "no-fault" divorce. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: Is there a document that can be created to waive spouses rights to property when separated?

A: Yes, it's called a divorce settlement agreement. It's a document drawn up during the divorce process which resolves all outstanding issues between your spouse and you. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: Will I qualify for Alimony in Divorce?

A: You would appear to qualify for alimony - the ultimate question will be how much & for how long. The other question will be what assets or property there is to divide. You're best advised to schedule a consult with a Bronx Alimony/Divorce Attorney for a full assessment. 

Q: My Ex-spouse never took me off the mortgage?

A: If you file an order to show cause to force a sale of the home, and he doesn't have the money to reimburse your counsel fees up-front, then most likely the court will just order that the fees be taken from his share of the home equity. Schedule a consult with a White Plains Divorce attorney for a full assessment. 

Q: How do i go about this? What do i need? What can happen if everything isn't accounted for , as in evidence wise?

A: If he petitioned to terminate support, then if your son is living on his own & self-supporting, then support should be terminated. That said, generally the court can only grant the father relief retroactive to the date of his petition. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

Q: Family Court ordered to exchange financial affidavit within 10 days. My ex never sent me his affidavit?

You should write a demand letter to your ex confirming you never received the FDA. If he still doesn't serve it, then you may move for dismissal/preclusion. That said, the Court directs advance production of financial disclosure to give you a fair opportunity to review it prior to the hearing. Schedule a consult with a Westchester Child Support attorney for a full assessment. 

Q: What can I do, if I feel that my girlfriend's ex husband is telling lies about me in court, when this has nothing to do with me?

A: As you're not a party to that case, you'd only be able to "fight to clear your good name" via your girlfriend & her attorney. Thus, cooperate with them in marshalling evidence against him. Call a Westchester Family Law attorney for more info. 

Q: Can I fight for a son I didn't know I have and that the mom keep from she told me she had lost the baby ?

A: You need to file a petition for paternity as well as a petition for visitation. That said, the law generally states that if you have any doubt you're the father, you should pursue your rights at the time. Call a Bronx Child Custody attorney to schedule a consult for a full assessment. 

Q: I am 17 and not sure if I am pregnant but if I am I absolutely do not want the baby father involved, is this possible?

A: If he insists upon his rights of visitation, a Court will most likely give him some level of visitation. Perhaps your better remedy is to allow token time at your house, but if he begins making demands, let him you you'd need to counter with a demand for child support (which ultimately may entail 30-40%+ of his take-home pay). Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: I have been married less than a year how do I file for a divorce ?

A: You can still qualify for a divorce. In NY, so long as the marriage has broken down "irretrievably" for 6+ months, you qualify for a "no-fault" divorce. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

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

A: If the child's currently in the de facto custody of the mother, then you would be wrong to retain custody. Your remedy is to file for custody as well as an "order to show cause" requesting an interim order preventing her from relocating the residence of the child. Schedule a consult with a Bronx Family Law attorney for a full assessment. 

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

A: If your own lawyer is acting against your interests, then it's time to get another lawyer (or at the least get a 2d opinion). That said, if the 1st order was done on default, such orders are "liberally vacated." Schedule a consult with a Westchester Family law attorney for a full assessment. 

Q: What happens in a divorce when one spouse their personal property in a trust?

A: If a spouse deposits marital money into a trust account, that generally remains an asset of the marriage. Even though keeping "separate accounts," generally what's yours is your spouse's & vice versa. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Can I publicize the children's attorney is bias/ prejudice against me?

A: I would not advise to say anything about the Children's Attorney online as that may backfire on you. If you have any issue with that attorney, discuss it with yours as to whether you may wish to file a motion to have them recused. Please call a Westchester Child Abuse defense attorney to schedule a consult for a full assessment. 

Q: Inheritance Home?

A: No - merely because you did repairs to the house does not convert it to marital property. That said, if you can prove the repairs you did increased the value of the house, you may be able to recoup 1/2 of the the "active appreciation" of the house. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: When I went to court for child support, since he was on unemployment he was ordered to provide medical coverage only.

A: If there was no court order requiring him to pay a specific amount, then you're not owed any back money. That said, the Court does have the power to "impute" income to him based on his ability to earn income, so I'd suggest to file a modification petition. Schedule a consult with a Bronx Child Support attorney for a full assessment. 

Q: Does who ever have the child at the time keeps the the child ?

A: If your child was in your custody & it can be proven, then (a) call the police, and (b) file a "Writ of Habeas Corpus" with the Family Court asking for a Judge to immediately return the child to your custody. You should also strongly consider filing your own custody petition. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: Does my step son being gay help me to get full custody of my biological son in a divorce?

A: First, there's zero evidence that one sibling being gay would somehow influence another sibling to be gay. With due respect, this is very pre-1980's thinking. Second, the fact that one step-sibling is gay would have zero effect on the child custody case. Schedule a consult with a Bronx Child Custody attorney for a full assessment. 

Q: How can I find out if my husband bought another house or have another baby ?or child support case?

A: Within a divorce case, one may serve the opposing side with disclosure requests. Among the disclosure requests (in your instance) would include a demand for records as to what happened to the money - as well as "interrogatories" asking for information/records on other property and/or other children. Schedule a consult with a Bronx Divorce attorney for a full assessment. 

Q: If Im in a domestic violence situation and my ex claims squatters rights how can I get him out of the apartment?

A: You can file for an order of protection against him & ask the Family Court to exclude him from the residence. Your other avenue is to give him 30-days written notice that he must vacate the residence - and if he doesn't, commence an eviction proceeding. If you opt for a d.v. filing, then call a Bronx Domestic Violence attorney to schedule a consult. 

Q: Can my husband sue for a portion of my retirement or social secuirty?

A: Technically he can claim a share of your retirement as it's considered an asset to the degree it accrued value during the marriage. Thus, it's imperative you file for divorce asap. If you have minor children together under 21, you can counter-sue him for child support. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: How can I be able to Co-Parent proper without my daughter father partner intervening or control everything ?

A: Perhaps you need a more specific order. Prior orders of custody or visitation are always modifiable upon establishment of a "change of circumstances." Schedule a consult with a Bronx Family Law attorney for a full assessment. 

Q: How can I prove I've been financially supporting my child?

A: If you were paying her money out of your checking account, then you'd have a record. If you were giving her cash, then she'd either need to acknowledge it, or you could attempt to prove it with circumstantial evidence (e.g., withdrawals from your bank account in consistent amounts). Call a Bronx Child Support attorney to schedule a consult for more info. 

Q: Can I move out of NY State with my 11 month old?

A: First, the father doesn't win custody merely because you don't have a job. Instead, the court will consider his obligation to pay child support - and possibly spousal support (if you were married) - in determining who can better support the child. That said, there's numerous other factors the court will consider in a child custody determination other than mere "financial ability to support." You should schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: How many orders to show cause can I file?

A: If you're looking to have a Judge re-consider his/her prior decision, your remedy is to file a "motion to renew or reargue." Generally, however, you must be prepared to allege new facts or issues you do not believe the Judge properly considered (i.e., these motions are not intended to merely re-state that which you already argued to the Judge). Schedule a consult with a Bronx Family Law attorney for a full assessment. 

Q: Can my child support be taken if I was getting money from a sell of my mothers house as a inheritance

A: Not automatically. If the person owes arrears, the recipient of support should get a money judgment. Then they may move to enforce that judgment against the estate, or when the money hits the obligor's bank account. Schedule a consult with a Westchester Family Law attorney for a full assessment. 

Q: My ex wife is taking my daughters on a cruise with out my consent and they don't have pass ports can she take them?

A: Assuming the cruise is docking in any foreign country, she'll need passports. Thus, if she doesn't already have them & there's an order of joint custody, she'll need your written consent. Nevertheless, the real question would be: what's your objection to the trip? Schedule a consult with a Westchester Family Law attorney for a full assessment 

Q: My name is not on the deed to the house can my wife kick me out prior to divorce?

A: No, not generally. There is no "self-help" for removal of tenants in NY, so her remedy would be to make an application to the divorce Judge. Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment. 

Q: What does "DISMDAT" mean in the remarks section since my appearance date was pushed back/adjourned.

A: It's hard to say, as that's not an abbreviation which is clear. "Dism" usually means dismissed, but if your case has an adjourn date, that seems unlikely. When in doubt, you should call the clerk's office. Also feel free to call a Bronx Uncontested Divorce attorney for more info. 

Q: Half sibling situation?

A: First, the answer is arguably yes, in that a petition for sibling visitation is possible. That said, the more important question is: in what way is the mother dictating to your husband who he can bring those children around? Even if the mother has sole custody - and unless their agreement/order says otherwise - she cannot dictate to your husband the structure of his visitation. Thus, you should call a Bronx Family Law attorney to schedule a consult for a full assessment. 

Q: Can a parent still be responsible for a child after 21 years of age and the child is in college?

A: It depends on whether you had a prior written & valid agreement to do so (e.g., a divorce settlement agreement). if you, did, then your agreement will likely govern. It not, then you won't be responsible. Schedule a consult with a Westchester Child Support attorney for a full assessment. 

Q: When is a divorce case closed in New York?

A: I wouldn't understand your firm's statement. Once the Judgment is signed & entered in the clerk's office, the case is done. Perhaps they're referring to some post-judgment issues, such as submissions of QDRO's. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

Q: Can anyone tell if have what I need for custody?

A: You cannot merely ask the Judge to "pick an arrangement," but you can discuss settlement options with the Judge's court attorney to see if the case can be settled. Ultimately if you disagree on the access schedule, a trial would need to be held. Schedule a consult with a Bronx Child Custody Attorney for a full assessment. 

Q: What are the odds my MIL will win a grandparents rights case for visitstion in NY for my 9 mos old son whom she has never met?

A: It's hard to say without a full assessment of the case. That said, what you should do is start keeping a paper-trail - at the least send an e-mail noting how strange it is that she started all of a sudden sending letters & gifts as she's never done so previously. Either way, you win: she either denies it & then your attorney subpoenas her e-mails, or she admits it (even if by silence). Schedule a consult with a Westchester Child Custody attorney for a full assessment. 

Q: How do I force sale of vacation home as stipulated in my divorce agreement

A: Sometimes it depends on how the agreement was drafted - i.e., whether there was a deadline. At the least, I'd advise to send the ex-spouse a "default notice letter." If the situation isn't rectified, you may need to file an enforcement motion in Court. Schedule a consult with a White Plains Divorce attorney for a full assessment. 

Q: What can I do stop stop my ex boyfriend from threatening to send my boyfriend old sexual videos of us?

A: You can retain an attorney to issue a "cease-and-desist" letter to him. It would warn him that if he does so, you would consider it "harassment" which may result in the incident being reported to police and/or the filing of an order of protection. Schedule a consult with a Bronx Domestic Violence attorney for more info. 

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