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David Ivan Bliven
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David Bliven’s Answers

5,330 total


  • Can i have full custody of my child?

    My ex and I are in the process of being separated. He has been cheating on me throughout the entire marriage and even had a child behind my back. He has been violent with me , he attended anger management classes as a requirement for parole. He re...

    David’s Answer

    You can simply file a petition seeking full custody. If you believe he's at fault for the arm injury, my advise would be to report the matter to ACS. If you do not do so, then you're at risk of having a neglect case filed against you, as the law requires you to take precautions to protect a child from risk of harm. Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • Can I file a petition to modify custody visitation even when I think the non custodial is not going to follow the order?

    I was divorced last year and according to a restraining order for the noncustodial parent he can't see the children once every three weeks according to him. I would like for him to follow the order according to the divorce and he has not been resp...

    David’s Answer

    Ultimately you can't force the non-custodial parent to visit more often than he wants to. If childcare is the issue, then communicate with him that he can either have more visitation, or else you'll need to modify child support to include a provision for childcare on days you're unavailable. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • How can i get a burglary in the 2nd degree dropped to breaking and entering in a family court with a restraining order in place?

    A friend of mine has a burglary 2 charge in a family court but it was not burglary because he had no intent of stealing anything from the property him and his ex girlfriend shared but to go there to retrieve his things that she said she was going...

    David’s Answer

    If your "friend" is in family Court on the charges, I assume your friend is under 16 & is thus being charged as a juvenile delinquent. In any event, whether your friend can prove he actually owned the items he sought to retrieve is a factual issue which may need to play itself out at trial. Whether he should take the case to trial or take a plea warrants a full assessment of the facts. Have your friend call a Rockland/Westchester Juvenile Delinquency attorney to schedule a consult.

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  • Visitation dates not agreed, NCP booked anyway -- does child go?

    I have sole custody of 10 year-old. NCP lives in foreign country (UK), 3 visits per year, time less than 10 days @ Xmas & Spring to be added to summer (no calculation method, no mention made of travel time). Summer is "full month of August" with c...

    David’s Answer

    If the agreement is that NCP's to return the child 1 day before school & NCP is refusing to do so, your options are: (1) file an order to show cause, alleging an anticipatory breach of the agreement, or (2) make clear to NCP that if child is not returned on 9/1, you will consider this to be a violation and will need to take appropriate legal action accordingly. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • I have an order of protection against my husband that state no third-party contact whatsoever

    I have an active order of protection against my husband he opened up a telephone account while the order of protection was active and I am now receiving mail from this account is this a violation of my order of protection which states no third-par...

    David’s Answer

    I doubt mail from a business would be considered a willful violation of the order. Usually the bar against 3d-party contact entails him having a person contact you on his behalf. Schedule a consult with a NYC Domestic Violence attorney for a full assessment.

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  • What does it mean to "waive rent arrears?

    My husband and I are going through a divorce. I moved out of our apartment and he got evicted from it. I do not think I should be responsible to pay the rent that is owed. I got a document from his lawyer saying he "waives rent arrears and he wai...

    David’s Answer

    I'm confused too, as rent arrears aren't something he can waive - only the landlord has that option. Perhaps he means that he's willing to waive his claim of spousal support in exchange for you paying off the rent arrears. Whether that' fair in your situation takes a full assessment of the facts. Call a NYC Divorce attorney to schedule a consult.

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  • Does getting married effect child support payments?

    I have been receiving child support for my child for four years now. I just got married this pass June. I want to know if the judge would lessen the child support payments to my daughters father because I got married. My daughters father has recei...

    David’s Answer

    Generally a spouse's or partner's income does not come into play in the child support calculation. The only conceivable way it would is if both your income + the father's income greatly exceeds the statutory cap of $141,000 - in that instance perhaps your spouse's income could be considered as a factor (but only that - 1 factor amongst many) in considering whether to order support based on income above-the-cap. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.

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  • I'm obligated to split my daughters college expenses with my ex until my daughter turns 21. She turns 21 at the end of January

    yet the Spring semester starts a week and a half before she turns 21. Do I still have to pay for that full semester or can I pay on a pro-rated basis for those few days before she turns 21? Before you roll your eyes, please understand that I hav...

    David’s Answer

    • Selected as best answer

    The answer to your question may turn on when the bill is due for the Spring semester. If the bill for the entire semester is due prior to her turning 21, then most likely you'll be assessed with the entire semester. If it's a monthly payment plan (or can be converted into one), then that may be a different story. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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  • How many days before my hearing, must I be served with a summons for family court? (In the State of New York)

    I have been served with a summons for a petition for a TRO, or Order of Protection (NY), against me. I am currently located in California and was served the papers 9 days before the hearing date. I have not had time to prepare a defense or hire le...

    David’s Answer

    Technically a summons must be personally served 8 or more days before the court date. You can request a continuance by writing the Court, with the proviso that it may not be granted. As for the jurisdiction question, if the alleged crime occurred in NY, then NY would have personal jurisdiction over you. Schedule a consult with a NYC Family Law attorney for a full assessment.

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  • Child support in New York State

    When the children live with each parent 50 50 percent of the year. Who pays the child support?

    David’s Answer

    While technically the law provides that the parent who earns the greater income is "deemed" the noncustodial parent, this is for calculation purposes only. Usually the Court will do an off-set, meaning the parent earning the greater income only pays 17% (for 1 child) of the difference between the 2 incomes. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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