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David Ivan Bliven
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David Bliven’s Answers

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  • How do I prevent an unfair child support order when getting a new job?

    I am divorced from my child's mother. We have joint custody, but she has primary physical custody. We split the week, child stays 4 days with mother, and 3 days with me, every week. At my house, our daughter has her own room, etc. I personally pay...

    David’s Answer

    Your ultimate defense would be that you have nearly shared custody, and the Court should make a finding that the presumptive guidelines amount is "unjust or inappropriate" under the circumstances. You'll almost assuredly need an attorney to be successful with that argument. Schedule a consult with a Bronx Child Support attorney for more info.

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  • Can I become a teacher if I have a founded cps care from 3 years ago for lack of supervision

    3 years ago I got a founded cps card for lack of supervision. I was never arrested and never lost custody of my child, who is now 13. Can I become a teacher with a founded cps case? Do I have to disclose this information to possible jobs?

    David’s Answer

    Possibly - your potential employer would have access to the finding and may consider it as a factor in whether to hire you or not - but it's just that: a factor. Moreover, you only need to disclose it if asked. Call a Bronx Child Abuse defense attorney for more info.

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  • I'm U.S. Citizen living in NY. I married in a foreign country. Can I file for divorce in NY state?

    I married a citizen of Honduras. I was in an unstable mental state, grieving my parent's death. I soon realized the person was misleading and had a child from a previous relationship. The person had also been deported from the United States in the...

    David’s Answer

    If the person never lived in New York & the marriage did not take place in New York, you may have a hard time convincing a Judge that NY has jurisdiction. This is all the more so because Honduras is not a signatory on the Hague Convention allowing for service of a U.S. summons within that country. For a full assessment, call a NYC Divorce attorney to schedule a consult.

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  • I live in New York. I'm in the process of getting a divorce but it has not been finalized. My wife's father just passed away.

    And left her a life insurance policy. Am I entitled to half of it?

    David’s Answer

    If the divorce was already commenced, then the answer is an almost assured no. If the divorce has not yet been commenced, the answer is still "most likely not," as inheritance is generally not "marital property." You're best advised to schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • Does a visitation order and joint custody order mean the same thing

    Father has custody, but order says child lives w/ me and visits father every other weekend. Would the father be in violation of the visitation order if he does not return the child during the weekdays?

    David’s Answer

    • Selected as best answer

    No - to be precise, joint custody addresses decision-making, while visitation addresses the access time each parent spends with the child. If the father is supposed to return the child according to the visitation order & is unjustifiably refusing to do so, file a violation petition. Call a Bronx Child Custody attorney to schedule a consult for a full assessment.

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  • How can moving out impact future divorce case?

    We have not filed for divorce yet but my husband is forcing me to move out by not agreeing to share the rent cost. Thus, I have to move out. I am afraid that once we divorce he will present that I moved out by own will and that it will hurt my cas...

    David’s Answer

    Please clarify - are you both currently living together? If he's refusing to help with rent, and you're the only one paying the rent, wouldn't he need to move out as well? You can ultimately get a Divorce Judge to order him to pay rent on a pro-rata basis - and you may also qualify for alimony as well. Call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • 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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