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David Ivan Bliven
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David Bliven’s Answers

5,341 total


  • Can I get my son from visit by court or something

    The father is refusing for me to speak to my son while my son is on his visit. The judge said I could speak to my child everyday and the father is refusing. What can I do. All I really want to do is pick up my son from his visit. What is the legal...

    David’s Answer

    If a provision for phone contact is in the order & the father's denying same, then send him a default notice letter stating you believe he's violating the order & if he doesn't abide by it, you'll need to file a petition. If a specific phone contact provision isn't in the order, then file a modification petition to include it. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Is there anyone that has experience with divorce with someone who likely has borderline personality disorder?

    I am about to begin divorce proceedings with someone. I was going to initially file for immigration papers but the marriage fell apart before that ever happened. Now she is angry and irrational, she believes everything was done out of spite. I don...

    David’s Answer

    There are probably many divorce attorneys who have such experience, as mental illnesses frequently arise on one side of the case or the other. It sounds like it'd be better for you to file the divorce sooner rather than later. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • How to do un-contended divorce if both spouses separated 3 months ago and both have been living outside US for the past 2 yrs ?

    Hi, We were married in Las Vegas, US, some 20 years ago. We are former residents of NY and we both moved to France 2 years ago. We separated 3 months ago and both are still living in France. We also have two children 12 and 14. We have no asse...

    David’s Answer

    If neither party is residing in NY, then NY would not have jurisdiction to process the divorce. Moreover, you would not meet NY's residency requirement either. Call a NYC Divorce attorney for more info.

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  • Is it possibe for a wife to file a complaint to her husband having an affair while she have an affair with other man too?

    is it possibe for a wife to file a complaint to her husband having an affair while she have an affair with other man too?

    David’s Answer

    In short, yes. Adultery is a crime as well as grounds for divorce - and as such it could conceivably be committed by each party. That said, you no longer need to prove grounds in NY as you can do a "no fault" divorce. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Can I get. "Divorced" in New York State even though my custody and child support Is still pending ?

    We have settled on the spousal issues but not the child and this will take longer. However, if I would like to get the "divorced " status can the state give while the child issues are being worked out ??

    David’s Answer

    Generally the child custody & support issues need to be worked out in the divorce case itself. The only minor exception is if a Family Court case is already pending at the time the divorce is filed & the divorce judge agrees to refer those issues to the Family Court. Schedule a consult with a NYC Child Support attorney for a full assessment.

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  • Will judge take accountable that I pay medical insurance as well as life insurance when it comes to child support

    I have a support case and I have 3 children and debt

    David’s Answer

    Some Magistrates taken the position that you would need to file your own petition seeking to have the custodial parent contribute towards a share of the health insurance premium. Life insurance, however, is your expense alone & would not be a deviation factor. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • My daughter wants to see me but her mom refuses

    I once had joint custody and I lost it

    David’s Answer

    Assuming you still have a visitation order, you can file a petition to enforce it. If you don't have a visitation order, then more facts are necessary as to why that, too, was taken away. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Person going around telling step daughters friends parent /teachers /therapist that step- farther is a pedophile and he is not

    We have documents stating this by a therapist in a police report. School reports

    David’s Answer

    You can consider suing the person for slander (assuming the person is an adult). Perhaps a cease-and-desist letter from an attorney would work as well.

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  • Can a QDRO be replaced with a document acknowledging each party relinquishes any claim to the others pension and other funds?

    I was Divorced 10/2006. The joint IRA was divided but a court ordered QDRO pursuant to the Majauskas formula was never done (my ex wife refused to contribute to the cost of this). We both have pensions and other funds.

    David’s Answer

    If you have a Judgment of Divorce which divides the pension & the parties subsequently agreed not to divide same, then a modified agreement can be done. You would then need to modify the prior Judgment, which can be done via order to show cause - if its by agreement, most likely no appearances will be needed. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • What % of my legal fee might he pay for me?

    My so to be ex-husband makes more than 10 times of my salary, and he is ordered to pay 100% of children’s add-on per interim court order. He is still able to pay his lawyer with his salary, but I am paying my lawyer with my savings (the savings m...

    David’s Answer

    It's hard to say, simply because the analysis of counsel fees must also factor in the relative disparity of income after payment of maintenance & child support, as well as any distribution of assets. A final award would also consider the parties' conduct during the proceedings as well as who is perceived to be the "prevailing party." Schedule a consult with a NYC Divorce attorney for a full assessment.

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