David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 19
  1. My first name is misspelled on a child support enforcement order. Am I obligated to pay if theres a clerical error?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Eric Edward Rothstein
    3. Andrew Daniel Myers
    4. Matthew Thomas Majeski
    4 lawyer answers

    You are still obligated on the order. In terms of correcting the order, you can simply notify SCU of the discrepancy or file a petition & get the Magistrate to amend the order. In any event, should you have further questions, I encourage you to contact a Bronx Co. Family Law attorney.

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  2. If divorced, and agree on division of our assets, then is this legal and we wont be affected by equitable distribution law?

    Answered 12 months ago.

    1. Susan Jo Civic
    2. Ernest DuBose
    3. Peter Christopher Lomtevas
    4. David Ivan Bliven
    5. Peggy Margaret Raddatz
    6. ···
    6 lawyer answers

    Yes, one spouse may agree to give the other spouse a greater - even much greater - percentage of the marital assets. For a full assessment, schedule a consultation with a NYC Divorce attorney.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Divorce appeal fixed mistakes but costed me so much money to fix those mistake . How to can I get some relief ?

    Answered about 1 year ago.

    1. Eric Edward Rothstein
    2. Paul Karl Siepmann
    3. David Ivan Bliven
    4. Jayson Lutzky
    5. Peter Christopher Lomtevas
    6. ···
    6 lawyer answers

    It is possible to make a post-appeal motion in the Supreme Court for counsel fees based on the appeal. Of course, the court will look not only at who the prevailing party was, but also the disparity of resources between the two of you. For a full assessment, schedule a consultation with a NYC Divorce attorney.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. My spouse has claimed that I have written to him that I am going to kill him and added lots of lies as in the most recent threat

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Dean P Murray
    3. Robert Bruce Kopelson
    4. George Costas Andriotis
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    If that's his sole piece of evidence, the Judge would wish to hear from you as to the context. It's basically a credibility call on the part of the Judge to determine whether it was a "real threat" or whether you were just blowing off steam. Thus, I highly advise you to consult with a NYC Domestic Violence lawyer.

    7 lawyers agreed with this answer

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  5. I was wondering if i was to file for divorse and my spouse was to move and not sign and i had proof of him cheating

    Answered over 1 year ago.

    1. David Alexander Browde
    2. Lawrence Allen Weinreich
    3. David Ivan Bliven
    4. Atousa Saei
    5. Leta Liou
    5 lawyer answers

    You do not necessarily need him to sign off on anything, but if he doesn't, then you do need to personally serve him. One caveat - "proof" of adulerty must be non-hearsay proof of the actual sexual act, not merely a romantic relationship with another person outside the marriage. Since that is often a difficult thing to prove, and if you're looking at a "simple" process, you are probably better off filing it as a no-fault divorce. In any event, if you wish additional information, my...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a divorce settlement ordered in NY be changed? How long after the final decree?

    Answered 8 months ago.

    1. David Ivan Bliven
    2. Steven Zalewski
    3. Louis Lawrence Sternberg
    3 lawyer answers

    Are both sides consenting to the change? if yes, you can execute an amended agreement & then submit an amended judgment. If not, then the husband will need to file an order to show cause explaining the error. Schedule a consultation with an Orange/Westchester Divorce attorney for a full assessment.

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  7. In New York State what is the normal child support? I'm wondering what the percentage of my income is, I'm on unemployment.

    Answered 9 months ago.

    1. David Ivan Bliven
    2. Peter Christopher Lomtevas
    2 lawyer answers

    You would pay a percentage, which is 17% for 1 child, 25% for two, etc. Refer to this website t get the approximate amount: http://www.nyc.gov/html/hra/html/services/child_support_calculator.shtml. Bear in mind that if you're not working, it's not as simple as the Judge calculating support based on your unemployment, You have the obligation to prove you lost your job through no fault of your own & that you're making a "diligent search" to find new work (usually done by keeping a "job search...

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  8. Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

    Answered 11 months ago.

    1. Eric Edward Rothstein
    2. David Ivan Bliven
    3. Jayson Lutzky
    4. Peter Christopher Lomtevas
    4 lawyer answers

    He is obligated to serve you with the summons & petition. In between times, you always have the option of going to court and verifying any new filing with the clerk's office. For a full assessment, schedule a consultation with a Westchester Child Support attorney.

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  9. In marriage pay checks are considered marital property? Can a prenuptial say that they just belong to each spouse separately?

    Answered 12 months ago.

    1. David Ivan Bliven
    2. Mary Katherine Brown
    2 lawyer answers

    Paychecks in themselves are not "property." The money derived from the paychecks, to the degree they're deposited into an account, become an asset in that way. It's the assets themselves which need to be addressed in the pre-nup.

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  10. Under what circumstances can my husband adopt our daughter legally?

    Answered 12 months ago.

    1. Mary Katherine Brown
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Jayson Lutzky
    4 lawyer answers

    The short answer is that military law in inapplicable in this instance. That said, the biological father must be found to have "legally abandoned" the child, meaning lack of substantial contact in the 6 months preceding the filing of the petition. It appears you would have a good case. For a full assessment, schedule a consultation with a NYC Family Law attorney.

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