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David Ivan Bliven
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David Bliven’s Answers

5,763 total


  • 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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  • How to modify child support orders? If I go for modification will it be beneficial to me?

    I am paying my child support obligations of 17% for one child. On top of it, I have to pay 60% of child care expenses which amounts to 60% of $ 1500 = $ 900. If I pay this I am unable to make a living. What can I do to modify this order? Other fa...

    David’s Answer

    You can only modify a prior order under 1 of 3 circumstances: (a) 3 years has passed since the last order was set or adjusted, (b) there's been a 15% change in income, and/or (c) there's otherwise been a substantial change of circumstances since the last order was set. Thus, one would need to analyze the specific facts of your case to determine whether you have a basis to modify. Call a Westchester Child Support attorney to schedule a consult for a full assessment.

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  • Can I challenge Support magistrate's orders passed in family court?

    Can I challenge Support magistrate's orders passed in family court? If so, in which court?

    David’s Answer

    Yes, you can file Objection appeals, which then causes a Family Court Judge to review the record to see whether the magistrate arrived at a correct determination. Bear in mind you must file the Objection within 30 days of your in-hand receipt of the order, or 35 days from the date either the Court, or opposing party, mailed it to you with notice of entry. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • How can I get a court order to remove belongings from the marital home?

    My husband is mentally ill and has gone off his medication acting erratic and drinking heavily. I left the home with out 3 month old son. I need to retrieve our personal items, clothes, toiletries etc. I know I can bring just the police to do this...

    David’s Answer

    • Selected as best answer

    You can do one of 2 things: (1) file for an order of protection, and have a provision inserted into the order allowing you to retrieve undisputed items of furniture with a police escort, or (2) file for divorce & make a motion for an order allowing you to remove undisputed furniture. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • How long does my soon-to-be ex-wife have to wait before she can file another suit against me seeking alimony?

    My soon-to-be ex-wife brought suit against me for alimony and child support in June, 2015. She unwittingly waived her rights to alimony by getting on Public Assistance. Child support is being determined after our trial concludes tomorrow. We ar...

    David’s Answer

    There is no time-frame under which she cannot re-file. She indeed can pursue a spousal maintenance (i.e., alimony) claim in the subsequent divorce case anyway. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.

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  • Am I or my son entitled to some my ex-husbands recently acquired SSDI benefits.

    My ex-husband just got SSDI I am told by my son, our divorce was finalized in 2013. My sons child support payments are amount "x". Can it be increased or changed to a different amount now that he is receiving SSDI benefits. I am asking this for th...

    David’s Answer

    Disability is indeed a form of income, so if he's not paying any support currently, then you can petition to get 17% of his disability payments. You may also be entitled to a separate subsidy from Social Security - you should access their website to learn more about applying for it. Schedule a consult with a Dutchess/Westchester Divorce attorney for more info.

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  • Can I avoid child support payments by abandoning the child when the other parent is willing to take the custody?

    My soon to be ex wife has taken me for a ride in the name of child support and day care expenses. I love my child who is only 1 yr old. If I loose the custody to my soon to be ex wife, can I abandon the child and get rid of child support payments ...

    David’s Answer

    Bottom-line: no. You only lose your obligation to pay child support if either the custodial parent doesn't request it, or has their significant other adopt the child. Schedule a consult with a Westchester Child Support attorney for a full assessment.

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  • Age child's desire on which parent to live with will be considered by a court regarding primary residential custody ?

    What age does a child's desire on which parent to live with will be considered by a court regarding primary residential custody ?

    David’s Answer

    There is no definitive bright-line rule. That said, adoption law provides that if a child is 14 or older, s/he can withhold consent to the adoption, in which case it doesn't go through. Thus, while earlier age's than 14 are dependent on other factors such as maturity, one can surmise that the Judge will pretty much go with what a 14-year-old says. Schedule a consult with a White Plains Child Custody attorney for a full assessment.

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