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David Ivan Bliven
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David Bliven’s Answers

5,342 total


  • 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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  • Am I able to get a reduction on child support payments if I remarry and have children with my new wife?

    I have one child with my ex wife and am paying child support and maintenance. I plan to remarry and we will start a family eventually. Being I currently have another 10 years to pay child support and 4 years for maintenance, am I able to get a r...

    David’s Answer

    Generally not. The law provides that if you have subsequent children, you do so with the knowledge that you already have children to support. Usually the court will only give you a reduction if you demonstrate you wouldn't be left with enough money to minimally support the subsequent child(ren) - as a necessary element, you'd need to submit your new wife's income into the mix. Be forewarned - that defense is very rarely successful. Schedule a consult with a NYC Child Support attorney for a full assessment.

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  • I withdrew funds from my son's custodial acct marked for college in my Div. Agree. to survive, when his dad was unemployed.

    His dad was unemployed for over 1 year. Now it's time for him to go to college. There are funds left. I told the Suppt. Magistrate when he went in for the downward & she said "Do what you have to do to survive." However, there are no transcripts t...

    David’s Answer

    If you violated the agreement, then technically your ex can file an enforcement application against you & require that you restore the money (& possibly with interest). That said, he'd also owe you the back support with interest, so it seems like it'd be a wash. For a full assessment, schedule a consult with a Westchester Family Law attorney.

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  • Do I technically have primary custody?

    My child's mother said she needs more help with our so because she is moving out of her boyfriends house. I have him a lot anyways. We wrote up a new agreement, it is notorized. I have him Tuesday 7pm to Saturday 7am. I have him 4 nights. I still...

    David’s Answer

    The issue isn't merely "nights," but for support calculation purposes the court will literally count the hours. And both waking & asleep hours count in the analysis. My best advise is for you to reduce your informal agreement to a court order - if the custody order reflects that you have primary custody, then you don't pay child support. Schedule a consult with a NYC Child Custody attorney for a full assessment.

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  • If I take a lump sum from my 401K or pension in order to buy a house, can my ex demand more child support based on a higher

    income this year -- even though it's a one-time thing?

    David’s Answer

    I respectfully disagree with my other colleagues - even a one-time pension withdrawal MAY be counted as income for support calculation purposes [See, e.g., Wiltsie v. Wiltsie, 245 A.D.2d 887, 666 N.Y.S.2d 823 (3d Dept 1997) (trial court reversed; lump sum pension distribution should have been classified by lower court as income)]. I say MAY simply because the trial court then has discretion to deviate and/or find that the presumptive calculation (which would include the one-time distribution) would be unjust. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • Do the same rules apply to an attorney if he owes back child support?

    My ex owns a law practice in the state of North Carolina and owes about 6k in child support? Is he getting special treatment because he's a lawyer?

    David’s Answer

    The rules are the same for everyone. If he owes back support, you can file a violation petition & get a money judgment. You can then execute that judgment against any assets he has - which may include a business bank account if he's a sole proprietor. Schedule a consult with a NYC Child Support attorney for a full assessment.

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  • My soon to be ex-husband is claiming I'm keeping our 7 year old daughter from him. She refuses to see him or even speak to him.

    He cheated and was back/forth for 2 mths. Last she saw/spoke to him was Mar 28 when he left for work out of town and looked her in the eye and said, "mommy and daddy are fixing things. You don't have to worry anymore. You and mommy are my only gir...

    David’s Answer

    It's really only a case of alienation of you've actively prevented or passively discouraged visitation. If you're offering for the two of them to work out their differences & he's not taking advantage, then it seems he's as much at fault as anyone. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • Seeking for recommendations of what to do with parenting schedule. Modifications? Other options?

    My ex spouse and I have joint custody and children primary residence is with me. Since the settlement was signed my ex abused certain things we agreed to. He set up deadlines that he didn't keep which resulted in that kids vacation had to be cance...

    David’s Answer

    Generally a parent gets to do whatever s/he wishes to with the child during his/her time with the child. Ultimately, you can put it to him like this - if he wishes to strictly abide by the order then that's fine, but you will no longer make any accommodations for him either. Ultimately if the two of you continue to disagree, you may need to file a modification petition. Schedule a consult with a Westchester family Law attorney for a full assessment.

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  • Child support is based on gross income but doesn't factor in the expenses that were incurred to earn that income?

    I own a business as a sole proprieter. I take in rent from two apartments which goes on my tax return. How is it possible that the court doesn't consider that the rent I take in is not my actual income? My actual income is what is left over after ...

    David’s Answer

    Generally, legitimate expenses incurred in connection with the rental properties should be deducted from the rental income for support calculation purposes. Just as at an audit, however, you'd need to present documentation of the expenses you incurred as well as proof you paid them. Schedule a consult with a NYC Child Support attorney for a full assessment.

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