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David Ivan Bliven
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David Bliven’s Answers

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  • I want to divorce my husband (Father of my son) we were married outside the usa

    I want to file a divorce against the father of my child. On August he went to the visa interview, November he was here, and I just stop loving him. He just recently received his permanent resident card and I want to file for divorce. We were marri...

    David’s Answer

    If he's a resident of NY still - and assuming you are as well - you can file for divorce here. Call a NYC Divorce attorney to schedule a consult.

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  • Will I be legally bound to pay for college expenses of my daughter?

    Will I be liable to pay for college expenses of my daughter once she grows up if I am paying child support and day care expenses regularly?

    David’s Answer

    Potentially yes. If college may be reasonably anticipated for the child (usually based on the child's aptitude & parents educational histories), then generally parents pay their share of college as an add-on to basic support. Thus, it's advisable to start a 529 plan now. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • Can she make this stipulation of her own devices? By shortening the weekend is she infringing on my rights to access ?

    I have a court order for visitation to my son which has been in place for 3 years - also pay child support and am a great father (professional, hard working etc). Normally things are find but his mother is telling me this week I must pick him up a...

    David’s Answer

    First, neither party may impose terms on the other which would be in contravention to the order. Thus, I'd advise that you put it in writing you'd consider this to be a violation of the order. If an acceptable compromise can't be reached, then you should file a modification/enforcement petition, so you can get a more clear order regarding what happens on the child's birthday (as well as other holidays, if the order doesn't address those either). Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • How long it would take to be process.

    I apply for uncontested divorce in december 28. January i did step 1 for the index number and the same day i mail the summons to be serve. I have to wait for 40 days how long it would take? What is the approximately 2-4 months mean. Is it going to...

    David’s Answer

    Unless the defendant signs & returns the affidavit of defendant, then mail service is insufficient. 40 days is the time frame where you need to wait before submitting the judgment package after you have either an affidavit of service or the signed affidavit of defendant. I'm not sure about the 2-4 months you're referring to. Call a Bronx Uncontested Divorce attorney for more info.

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  • What's so special about making sure that it ends before 7 years.

    I have been married for six years and this marriage is on the rocks.

    David’s Answer

    • Selected as best answer

    I think you question relates to Alimony (i.e., Maintenance). This issue is whether a Court will consider your a "short-term" or "long-term" marriage as it relates to the duration of alimony. However, the law has been changed in NY - now anything less than 15 years is considered a "short-term" marriage. Schedule a consult with a Bronx Alimony Attorney for a full assessment.

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  • Should I file for a divorce now, parallel with this case or wait and resolve this case first. What options do I have?

    My wife went to family court and got a temporary order of protection against me on behalf of her two sons,ages 15 and 17. The situation arose because I think they are lazy and show no initiative or interest in anything and I tried several things u...

    David’s Answer

    You're probably better off resolving the Family Offense case first - though you don't necessarily have to. You may request an opportunity (with police escort) within the Family Offense case to retrieve your personal belongings & undisputed furniture. Call a Bronx Divorce attorney for more info.

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  • What happens to child support obligation if my ex wife takes my child to another country?

    If my ex wife moves to another country taking my child with her, then will I be liable to pay child support as per US norms? The other country where my ex wife will move has a very low cost of living.

    David’s Answer

    The order itself will stay in place unless modified. You may file a modification petition, arguing that, based on cost-of-living differentials, the present order would be "unjust or inappropriate." Schedule a consult with a Westchester Child Support attorney for more info.

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  • How can i remove or make an agreement so he can be left at peace or regain his license?

    After my pregnancy , i chose to place my son under my welfare case. Welfare had sent me to child support and i was asked about my sons care. I told the gentleman that i had been recieving help from his father. Later , we recieved a court letter bu...

    David’s Answer

    Simple - remove the child from your welfare budget (you can keep yourself on it) & simply make a private deal with the Father for him to provide support for the child. So long as the child is on your budget, DSS may sue the Father for support. Call a Bronx Child Support attorney for more info.

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  • How can I get a drivers license and passport

    Child support is in arrears, however it's been deducted from payroll for over a year now.

    David’s Answer

    Just submit a request to SCU to lift the suspension - at the least for work-only purposes. Here's the form: https://www.childsupport.ny.gov/dcse/pdfs/dmvChallenge.pdf. Call a Bronx Child Support attorney for more info.

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  • Can I be arrested?

    I owe child support $21000 but I take care of my kids and I was paying it off then I got fired. Now I'm being call to court. I think it's to see if I'm scamming but I'm not

    David’s Answer

    If you violate a court order of child support, you face incarceration of up to 6 months. How likely this is depends on an assessment of factors such as how much you've paid, how long you've owed the amount, and whether you have the ability to pay going forward. Call a Bronx Child Support for more info.

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