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David Ivan Bliven
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David Bliven’s Answers

5,396 total


  • Will judge take accountable that I pay medical insurance as well as life insurance when it comes to child support

    I have a support case and I have 3 children and debt

    David’s Answer

    Some Magistrates taken the position that you would need to file your own petition seeking to have the custodial parent contribute towards a share of the health insurance premium. Life insurance, however, is your expense alone & would not be a deviation factor. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • My daughter wants to see me but her mom refuses

    I once had joint custody and I lost it

    David’s Answer

    Assuming you still have a visitation order, you can file a petition to enforce it. If you don't have a visitation order, then more facts are necessary as to why that, too, was taken away. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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  • Person going around telling step daughters friends parent /teachers /therapist that step- farther is a pedophile and he is not

    We have documents stating this by a therapist in a police report. School reports

    David’s Answer

    You can consider suing the person for slander (assuming the person is an adult). Perhaps a cease-and-desist letter from an attorney would work as well.

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  • Can a QDRO be replaced with a document acknowledging each party relinquishes any claim to the others pension and other funds?

    I was Divorced 10/2006. The joint IRA was divided but a court ordered QDRO pursuant to the Majauskas formula was never done (my ex wife refused to contribute to the cost of this). We both have pensions and other funds.

    David’s Answer

    If you have a Judgment of Divorce which divides the pension & the parties subsequently agreed not to divide same, then a modified agreement can be done. You would then need to modify the prior Judgment, which can be done via order to show cause - if its by agreement, most likely no appearances will be needed. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • What % of my legal fee might he pay for me?

    My so to be ex-husband makes more than 10 times of my salary, and he is ordered to pay 100% of children’s add-on per interim court order. He is still able to pay his lawyer with his salary, but I am paying my lawyer with my savings (the savings m...

    David’s Answer

    It's hard to say, simply because the analysis of counsel fees must also factor in the relative disparity of income after payment of maintenance & child support, as well as any distribution of assets. A final award would also consider the parties' conduct during the proceedings as well as who is perceived to be the "prevailing party." Schedule a consult with a NYC Divorce attorney for a full assessment.

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  • My wife and I are separated and my son and I are staying at my moms. Can we go back to the house even if she doesnt want me ther

    My son is 12 and she is his stepmom. He starts school next month and i cant afford a place on my own yet. Will i get in trouble if we just go back home. She has been paying the bills and the house is in her name from before we got married but i al...

    David’s Answer

    Technically you can't be removed from a marital residence absent a court order from the Divorce Judge. In this instance, however, you removed yourself - it may now be a different story. This may ultimately need to play itself out before a Divorce Judge to avoid police involvement. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • In NY State, what can happen if child support is not being used towards the child, but for personal/frivolous use?

    Bullet point story: 1. mother is collecting child support; 2. leaves child for days on end in grandparents care; 3. grandparents paying for food, clothes, etc. 4. mother and child live at grandparents house (no rent paid and technically only child...

    David’s Answer

    Your remedy in this instance would be to file for custody. The Support Magistrate won't get into how the mother spends the money - they basically only do the calculations. As for whether you have a good case for custody will take an assessment by an attorney. Call a Putnum/Westchester Family Law attorney to schedule a consult.

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  • What documents do I need to get a restraining order?

    My ex boyfriend/ son's father has been verbally abusive and controlling for our entire relationship and it's gotten worse after I had our son. He uses our son to get to me and has taken me to court for custody 3 times this year. He refuses to talk...

    David’s Answer

    You don't need any "documents" just to file a petition for an order of protection. That said, if the case proceeds to trial, you will ultimately need to present evidence buttressing your case. What evidence you'd need to present can only be assessed at a consultation. Call a Bronx Domestic Violence attorney to schedule an appointment.

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  • I need UTMA Advice

    I needed to use some of my son's Custodial Account to survive when his dad was unemployed. I asked the Judge when we went for the downward and he said "Do what you need to do to survive".. We used only what was needed to pay the bills. We still ha...

    David’s Answer

    If you borrowed against the custodial account, you may have arguably committed a breach of contract. That said, if you informed a Judge of your intentions before you did it & the Judge at least implicitly authorized it, it would seem to be a non-willful breach. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • About pick up time for visitation

    The court order for father to pick up the child 6:30pm July 24th-Aug 7th at 6:30. I told the judge my son has therapy at 4pm in NJ n I have to pick up my child in NY. The judge told me to work it out wit the father. So I asked the father repeatedl...

    David’s Answer

    First, it's not kidnapping. Second, if there's any dispute, you'd need a clear order allowing for the deviation in pick-up times for the therapy. Otherwise it's the order which controls. Call a Bronx Child Custody attorney to schedule a consult for a full assessment.

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