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David Ivan Bliven
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David Bliven’s Answers

5,330 total


  • Child removed from Child Support Roster but support continues. How do I stop support?

    Child Support for 3 children was $303 per week. Child Support Agency enforces COLA with new payment at $335 weekly, listing only 2 children and omitting one child who has reached Majority age. PROBLEM: My objection to the COLA was that a downward...

    David’s Answer

    How long ago was the decision from the Magistrate? If less than 30 days ago, then you may be able to file an Objection appeal. If more than that, then your only shot now is to file a downward modification petition. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • Can my husband kick me out?

    I'm thinking of leaving my husband and he will not take it well. He has a bad temper. We live in an apartment. His name is on the lease, not mine. We have a 6 month old baby. Can he just throw me out on the street just by calling the cops? What ar...

    David’s Answer

    No, one cannot be summarily removed from a marital residence. That said, if you're thinking of leaving, then my advise would be to secure a residence elsewhere first, then break the news to him. If he gets angry, then you have the new place to go to anyway. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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  • Should I mention other parents record in custody case?

    The other parent has full custody of my child and been arrested for a crime involving narcotics but the other parent has not been proven guilty yet. Is this crime worth mentioning even though parent has not been proven guilty yet? Could this crime...

    David’s Answer

    If you wish to go for custody, then throw in everything & the kitchen sink. It's questionable whether the arrest itself would be a valid basis for a switch of custody, but there are presumably other reasons you're requesting the switch. Schedule a consult with a NYC Child Custody attorney for a full assessment.

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  • How can I get a paternity test for a child who is not mine and where the mother refused a judges order previously to take one?

    In 2011, after detailed testimony during a Fact Find Hearing, where the mother testified that she never told the child who her father was, Judge determined that a Paternity test was in the best interest of the child. Judge ordered ...

    David’s Answer

    If there is nothing stating you are the legal father of the child, you maintain no relationship with the child, she isn't asking for - nor are you paying - child support, and your name isn't on the birth certificate, then you really don't need to do anything if you believe you're NOT the father. You can just walk away from the situation. If you believe you ARE the father & wish to enforce visitation rights, then you can file your own paternity petition & file a contempt motion if the mother disregards a further order. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • My daughter refuses to go with her father for many reasons . Is there any way being 14yrs old she can get out of going with him

    Shes been refusing to go with him for many yrs she told me shes afraid of him and now my ex is taking me to court for full custody and claiming im alienating her yet i take her on the visits weekly or she wont go.Shes asked me if she can get out o...

    David’s Answer

    You would have to go back to Court and file a petition to modify the prior visitation order. Ask for the Judge to be able to speak with the child at an in camera interview. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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  • Can a 10 year old refuse to see his father on the day of visitation face to face?

    Child spoke to his lawyer on Tuesday and told his lawyer that he doesn't want to see his father because his father abuses him. His lawyer told him being hit with a belt or any sort is not abuse. She asked him who does he love more. He said his mot...

    David’s Answer

    Ultimately, it's not up to a child - especially that young - to determine whether he goes on a visit. It's ultimately up to the mother in this situation to encourage the visit as best as possible. If you believe there's a conflict between the lawyer & the child, file a motion for the Judge to conduct an in camera interview with the child. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Interesting Family Court Scenario - Objection, Remand, Objection

    Support Magistrate was reversed on objection by Family Court Judge with proceedings remanded back to magistrate with instructions. Party seeks reargument of the Judge's remand order and is denied. Support Magistrate then issues a revised order w...

    David’s Answer

    The answer is yes, an Objection may be filed. Indeed, conceivably the Judge may have "gotten it wrong," but the only way for the aggrieved party to get to the Appellate Court is to first file an Objection (which would most likely go back before the same Family Court Judge). Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • Who's has to pay for traveling expenses if one parent moves away with a child?

    My ex wants to move away to Boston we live in nyc. She wants money every month and says if I want to see my daughter I should pay a bus every week to get her . Moving was her idea so why should I pay for her decisions my daughter is 6 years old an...

    David’s Answer

    A common way to work this out is to subtract the anticipated costs of visiting from the presumptive child support (this deduction from support is called "extraordinary visitation expenses"). You should handle both issues through the court. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • Will I be able to move from new York to Pennsylvania if visitation with the non custodial parent is not altered?

    Currently in court for custody as well as child support. He agreed to every other weekend overnights. The last week of june, July and august.

    David’s Answer

    As a move of this distance may also affect the non-custodial parent's ability to participate in school & extracurricular events, you would indeed need a relocation trial in order to move. At such a trial, the court will weight numerous factors, principal among them how you feel the move will benefit the child. Schedule a consult with a NYC Child Custody attorney for a full assessment.

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  • How is child support determined where there is a 50/50 custody split?

    If, through a mediator a 50/50 custody split is agreed upon, how is child support determined? Actual parenting time is more like 70/30 and the parent who does spend more time (70%) also has the higher income.

    David’s Answer

    No offense, but you shouldn't craft an agreement which is different from reality. It may cause problems on down the road, including but not limited to child support. So technically, child support with shared custody usually results in an off-set between the higher-earning parent & the lower-earning parent. That said, it's also arguable that if reality is different from the printed page, then the "actual" non-custodial parent may get hit with the entire guidelines support. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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