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David Ivan Bliven
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David Bliven’s Answers

5,231 total


  • Can I get Child support from my sons father who is incarcerated?

    Public assistance wants my sons father who is currently incarcerated to pay child support. Me on the other hand don't think it's necessary because he was helping me while I was pregnant and up until he got incarcerated. He doesn't have any account...

    David’s Answer

    Ultimately if you're on public assistance, it's no longer your choice whether they go after him for support. Moreover, technically, if he comes out & earns income, the money must go to DSS, not to you (or else you must report the additional income). Call a Bronx Child Support attorney for more info.

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  • Can i divorce my wife without talking to her and without her signature?

    She lives with another guy and our 3 children. I keep asking her to get together and agree on everything and get divorced, and she keeps putting it off and hiding. We have been living separate for almost a year now (Not legally separated). There m...

    David’s Answer

    Yes, just hire a process server and/or give the summons & complaint to the Sherrif to have her personaly served. Then if she doesn't answer the summons, you can proceed on her default. Call a Putnum/Westchester Divorce attorney for more info.

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  • I am on SSD and not able to pay for a divorce. I recently located to New York. My husband resides in Florida

    Am I entitled to any legal aid assistance?

    David’s Answer

    Unless you got married in New Yoork, you may need to wait for at least 2 years to satisfy NY's residency requirement. Your other option is to file for divorce in FL. Schedule a consult with a Westchester Divorce attorney for more info.

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  • While at a child support hearing, under oath one party committed pergury

    One parent claimed, because of a death in the family they have not been as involved in childs care as much as they should be. This was a lie, a cousin is in the hospital but absolutely no deaths have occurred in the family. Once this is brought up...

    David’s Answer

    It depends on whether they were meaning the same person you were referring to. That said, it seems merely a tangential credibility issue. Schedule a consult with a Westchester Child Support attorney for more info.

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  • Ssi and child support

    Will child support affect my baby ssi payments? Planning to take my child's father to child support but my baby has SSI do I have to report ssi to child support or child support to ssi? What happens if I report child support to ssi and child's fat...

    David’s Answer

    It should not affect child support, but you should nevertheless report any additional income. Schedule a consult with a Bronx Child Support attorney for more info.

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  • Does nys supreme court divorce (5/2009)take precedent over family court papers(3/2009) that were enforced before the divorce

    Divorce changed custody from her having physical custody to joint physical and legal for both of us, the support I paid was dropped at the signing of the divorce due to the 50/50 split in custody. Specifically picking up and dropping off of child...

    David’s Answer

    If the Divorce Judgment was entered after the Family Court order, then the former takes precedence over the latter. That said, I'd be confused as to why there wasn't specific reference in the divorce judgment regarding the Family Court proceeding. Schedule a consult with a Dutchess/Westchester Divorce attorney for more info.

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  • Why has the enforcing state not released funds to me?

    My original GA order is now being enforced by FL since May 2015. My ex husband is being garnished, however, FL has not made any payments to NY. I have not had any support in 5 weeks. Florida is not answering my local Support Collections worker ...

    David’s Answer

    You may need to contact FL SCU directly - most likely they have contact information & inquiry forms on their website. Call an Orange/Westchester Child Support attorney for more info.

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  • What does "vacate"an order mean?

    My ex-wife was granted attorney fees from a support hearing. The order specified that I pay the attorney directly. An objection was filed with the family court. The family court judge "vacated" the order. I asked the attorney to return the money ...

    David’s Answer

    "Vacate" means you won your objection & the order is void. If the case was not remanded, then serve a copy of the Objection decision/order on the attorney via notice of entry. Then send a demand letter for return of the funds to both the attorney & your ex-wife. If you don't get your money, sue them both in civil court. Schedule a consult with a Rockland/Westchester Child Support attorney for more info.

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  • Uncontested divorce + Mediation agreement signed by both parties ready to be filed with court. one party backs off. what to do?

    We have two kids, they have been living with me for past 9 Month. Our marriage broke down while ago and we both agreed to go for mediation and file uncontested divorce papers. we both signed the divorce paper with the mediation agreement. when t...

    David’s Answer

    If by "signed the divorce paper with the mediation agreement" you mean a full stipulation of settlement, then you should simply proceed with the divorce. It's unlikely he'll be able to back out now. If you didn't sign a stipulation of settlement, then it's back to square one - this time you'll need to negotiate a settlement with attorneys representing you both. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • As a conditional resident, how do I file for divorce from an emotionally abusive US citizen spouse?

    I am on a conditional green card and is been emotionally abused by my US citizen spouse. He sleeps out doesn't speak to me and totally ignores me without speaking me for days and even has sex with me and then gets up and ignores me the next day. H...

    David’s Answer

    You may file a divorce case the same as anyone else. You should additionally have a formal consultation with an immigration attorney to learn the steps you'll need to take to "lift the condition" off your green card. As for the divorce, you should call a Bronx Divorce attorney for a full assessment.

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