David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 19
  1. 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 about 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

    1 person marked this answer as helpful

  2. 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

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

    Answered 4 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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  4. 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 6 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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  5. Downward Modification of Child Support: When will I find out if my ex files for a downward modification of child support?

    Answered 7 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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  6. In marriage pay checks are considered marital property? Can a prenuptial say that they just belong to each spouse separately?

    Answered 8 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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  7. Under what circumstances can my husband adopt our daughter legally?

    Answered 9 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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  8. What are the documentary submission types of evidence that can (cont. underneath)

    Answered 10 months ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Latrice Vinell Campbell
    3 lawyer answers

    This question is too broad to answer as posed, because any document could conceivably be entered into evidence. Generally, documents are "hearsay," but there are many exceptions. For example, certified business or government records could go into evidence. Statements of a party recorded in a document (like an e-mail or text) could go into evidence as either an admission or prior inconsistent statement. Other documents could be the subject of a Notice to Admit and/or fall under another...

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  9. After 30+ years of marriage am I intitled to any of my spouses future inheritance?

    Answered 5 months ago.

    1. David Alexander Browde
    2. David Ivan Bliven
    3. Louis Lawrence Sternberg
    4. Robert J Adams Jr.
    5. Robert E. Harris Jr.
    5 lawyer answers

    Generally speaking you are not entitled to the other spouse's inheritance. And it is true that issues not raised at the trial level , generally-speaking, cannot be raised for the first time on appeal. For a full assessment, schedule a consultation with a Westchester Divorce attorney.

    7 lawyers agreed with this answer

  10. I requested a court appointed attorney for my upcoming visitation and custody modification hearing.

    Answered 7 months ago.

    1. Jayson Lutzky
    2. David Ivan Bliven
    3. Peter Christopher Lomtevas
    4. Richard Francis Sweeney
    5. Ralph Duthely
    5 lawyer answers

    Unless you have something to hide, you should provide all correspondence (& attachments) submitted to the Judge to the other side.

    7 lawyers agreed with this answer

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