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David Ivan Bliven
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David Bliven’s Answers

5,390 total


  • I want to know if I'm Divorced and can I appeal it?

    Married to my husband 18 yrs. Housewife whole time. Have 10 yr old special needs child. Husbands attorney sent his bill to our old address. It states, 9/5/14 review defective notice. 10/3/14 prepare revised document for re-submission to court. 2/9...

    David’s Answer

    It's probably time to stop representing yourself, as if you don't officially "appear" in the action, he'll get a default judgment & you will be left with nothing. The "Notice of Entry" implies they've already obtained a default judgment against you. As such, you only have a limited time within which to file a motion to vacate your default. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Will a biological father signing his rights over, eliminate him having to pay child support?

    Some crazy chick poked a hole in my brothers condom, now she is pregnant and he doesn't want anything to do with the kid because of how it came about. Now she's threatening him with child support because she is mad, him and his girlfriend are happ...

    David’s Answer

    There's no such thing in the law as "signing one's rights over." In paternity land, once you do the crime, you need to do the time. It may be advisable for him to make sure the child's actually his by requesting a DNA test. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.

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  • My wife threw me out of MY house that was secured by a prenup. Does she has the legal right to do this? Can i do anything?

    My wife threw me out of MY house that was secured by a prenup. Does she has the legal right to do this? Can i do anything?

    David’s Answer

    Assuming it's a marital residence, she doesn't have the right to do that. She would need either an order of protection directing your removal) or a court order of exclusive occupancy. Otherwise you can move back in. The better advise, however, is to simply commence a divorce action. Call a Westchester Divorce attorney to schedule a consult.

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  • My son father don't wanna send my son back

    I sent my so on vacation to his father in NY now his father don't wanna send him back to Barbadoes. My son has been living with me my son is a U.S. citizen. What should I do?

    David’s Answer

    If your son had been residing in Barbados for more than months, then you should commence a custody enforcement action there. Once you obtain a court order directing the father to return the child, you can then move to have it registered for enforcement purposes here in NY. Call a Westchester Child Custody attorney to schedule a consult for a full assessment.

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  • I just received my divorce decree and there is no mention of visitation, the stip does have all the info. Is that normal?

    What do I need to do to have this corrected if needed? Should I be responsible for any fees involved if it was not my fault it was omitted?

    David’s Answer

    If by "divorce decree" you mean the divorce judgment, then yes, absolutely it should've mentioned the visitation schedule. If it didn't, then you'd need to file a motion for an amended judgment. Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • Will using a trust account as my account type with a brokerage, as opposed to an individual account, offer me ANY protection...

    Will that offer me any protection, in case of a divorce or lawsuit, for the funds that are in that account? I already have a living revocable trust set up for my children that I would like to use for the account if that is possible.

    David’s Answer

    Here's the issue: if you take marital funds (i.e., money earned during the marriage) & deposit that money either into a "separate" account or a trust, that act doesn't necessarily convert (or transmute) the character of those funds. Unless your spouse expressly consents to the transfer & agrees to the segregation of those funds for the children's benefit, those funds MAY be recouped into the marital estate. Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • Will I likely be able to get physically custody of a child

    Looking to seek custody of my niece who is currently with non blood relative. (Person with custody is related to the Ex spouse of a parent. Child does not appear to be well cared for. we are prepared for a lawyer but hoping to avoid it all. ...

    David’s Answer

    The standard of custody for a non-parent suing a parent is whether the non-parent can prove the child's been "persistently neglected." Thus, it is not merely that you can prove the child would be "better off in your care than in the care of the parent." Schedule a consult with an Orange/Westchester Child Custody attorney for a full assessment.

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  • Is my son entitled to child support if he is over 21 and attending college in NYS

    My son turns 21 in February 2016 (5 months away). . I do not currently receive child support for him. However, I have recently petitioned my son's father for child support and am I scheduled to appear in family court in September. My son now wants...

    David’s Answer

    Child support cannot be extended beyond 21, except if both parties execute a specific written agreement consenting to same. In your instance, the Magistrate may award support retroactive to the date of your petition, may include an additional amount for the Fall semester & into the Spring semester, but then it must cut-off at age 21. Call a White Plains Family Law attorney to schedule a consult for a full assessment.

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  • I need a lawyer for divorce

    I need a lawyer for divorce

    David’s Answer

    You can use the "Find-a-Lawyer" tab on this site. Bear in mind many lawyers in the outer boroughs (Bronx, Queens & Brooklyn) also handle cases in Manhattan. Good luck!

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  • Can I get retroactive child-support?

    In 2011 I put in an order for Child-support against my son's father while living in the Bronx. I was intimidated to cancel the initial appointment. In 2013 I moved Upstate put in the order for child-support. I received it but only for the time ...

    David’s Answer

    What you were told is most likely incorrect. The odds are overwhelming that when you did not appear, the Court dismissed your petition & now that more than 1 years has elapsed since your default, you can no longer move to re-open it. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.

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