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David Ivan Bliven
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David Bliven’s Answers

5,760 total


  • My question is, can this attorney appear at the hearing without filing a notice of appearance or making any contact with me? Can

    My ex-husband has filed a downward modification petition for Child Support. Disregard the fact that this is the 6th time in 3 years he's filed this petition (unsuccessful the prior 5 times), and that his hourly union wages have actually increased ...

    David’s Answer

    If the attorney was assigned by the Court to represent him (i.e., if there's also a violation case), then no notice of appearance generally gets filed. That said, there's no specific requirement that an attorney file a notice of appearance in advance of a court date. Each party generally gets 1 adjournment just for the asking, though one would need to assess the history of the case to render a definitive opinion. Call a White Plains Child Support attorney to schedule a consult for a full assessment.

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  • Do i have to let him know about the move? he doesn't care one bit. file from the other state once we get there?

    i have sole/legal custody. child almost 12. no contact with other parent. no visitation or joint custody. He's behind more than one year in child support. I'd like to move out of NYC to another state which is cheaper. He left when i became pregna...

    David’s Answer

    You're best advised under these circumstances to get a court order permitting the move. While service may be an issue, it would be much worse if you moved, then he went into Family Court & got a Judge to order that you return the kids to NY at your expense. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Is my car and/or my new house and/or my bank account subject to division in case of divorce?

    Me and my wife want to divorce, now each one live in separate address, for one year, but we still considered married in papers. During that year I bought a car and a house cash using my own money. I never sign anything with her to buy anything, sh...

    David’s Answer

    Technically any assets which accrue value or are acquired during the marriage are marital assets. You may have an argument if you used post-separation funds to acquire those assets, however. Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • Can I ask judge to set date to rule on divorce or do I have to start all over & lawyer file some kind of motion (discovery etc)?

    Have had a preliminary conference with judge and 2nd conference scheduled. Parties not able to settle on uncontested filing (spouse uncooperative).

    David’s Answer

    If your case is now contested, then generally you will have at least 3 conferences before a trial date is set: preliminary conference, compliance conference and pre-trial conference (i.e., "trial ready conference"). Any one of these conferences may be adjourned one or more times. For a full assessment, call a NYC Divorce attorney to schedule a consult.

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  • Do I have to give money to her too,because she doesn't work?

    I'm getting divorce and my wife doesn't work,I give child support for my two children .

    David’s Answer

    Your wife may have a claim for alimony (i.e., maintenance), but whether she'll get it is dependent on a number of factors. Principal among them is how much you make & how long the marriage was. Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • How does a divorce in a newspaper work?

    I've looked for my legal spouse for three years. I've sent out legal papers to all last known addresses and even job locations that I thought they may be but all came up empty. I don't know where they are. I did contact a lawyer about what to do n...

    David’s Answer

    First, you need to file a motion to get court authorization to publish the summons in the newspaper. Moreover, the Judge generally won't approve it unless you also submit a diligent search report from a P.I. As it may take several months alone to get the motion decided, expect the process to take longer than a year. Finally, if you wish to keep your information confidential, then same must be a specific application within the motion for publication. For a 2d opinion, schedule a consult with a NYC Divorce attorney.

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  • Which NYS Domestic Relation Law book is best to use for marriages and divorce cases?

    I want to understand can NYS issue a divorce document to marriages that took place at the Church. In addition, does foreign marriage is recognized in the State of New York.

    David’s Answer

    I don't understand the first part of your question, but yes, if the religious ceremony is considered a legal form of marriage where it was performed, then NY can issue a divorce judgment as to same. Moreover, most foreign marriages are recognized in NY, but whether your situation is an exception would need to be reviewed by an attorney. Call a NYC Family Law attorney for more info.

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  • Will this hold for drop visits?

    I've been trying to get drop visits for over a year due to the father getting high. My son has told me on several different occasions that his father takes him to the drug place. I have told my lawyer, my son has told his lawyer and when we're at ...

    David’s Answer

    Ideally the friend would goto court to be able to report same to the Judge. You may also consider filing an order to show cause & attach an affidavit from the friend. Finally, discuss with your lawyer either asking for an ACS COI and/or calling in a report of suspected child maltreatment. For a 2d opinion, schedule a consult with a Bronx Family Law attorney.

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  • How can I get tax credit from baby sitter when the baby sitter is unlicensed/unauthorized and has no work authorization in US?

    How much is a reasonable child care/day care expenses in the Westchester area, NY I have got bills from my ex for $ 1500 from a non registered un-licensed day care provider and I am supposed to pay 60% of this which amounts to $ 900. Since I will...

    David’s Answer

    There's no specific requirement that a babysitter be licensed in New York (most are not, as opposed to daycare centers). Your other avenue is to file a petition under the custody docket & argue to that Judge that there's a better alternative (yourself, or a relative, etc.). Call a White Plains Family Law attorney to schedule a consult for more info.

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  • My ex husband must attend court if he serves with court papers to resolve post divorce items, yes?

    i was served with court papers to resolve post divorce items in court from my ex. question, if this doesn't get resolved between lawyers before the court date, and it does go to court... my ex abusive husband must attend court, correct? he WILL ha...

    David’s Answer

    Generally parties' appearances are required at all court hearings, unless specifically waived by the Judge. Thus, if he doesn't appear, he risks having his application dismissed. Schedule a consult with a Putnum/Westchester Divorce attorney for a full assessment.

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