Skip to main content
David Ivan Bliven
Avvo
Pro

David Bliven’s Answers

5,216 total


  • The therapist is trying to take the kids away because my girlfriend is living in the apartment.

    My daughter is lying to say the girlfriend is verbally abusive. The daughter is manipulating the situation to say that she is right. The girlfriend is mean, and not nice. My daughter is trying to separate dad and girlfriend. My ex wife is trying t...

    David’s Answer

    What therapist are you talking about - an individual therapist for one of the kids, or a forensic psychologist? If it's the former, then you can ask for a forensic evaluation. If its the latter, then retain your own forensic to pick apart the opinion of the 1st one. Schedule a consult with a Rockland/Westchester Child Custody attorney for a full assessment.

    See question 
  • Child support

    can I be held responsible for my husband child support payments

    David’s Answer

    I assume you mean for a child from a prior relationship. With that understanding, generally the answer is no, but if he falls behind, assets of his may be seized, even if they're jointly owned between you & him. Schedule a consult with a NYC Child Support attorney for a full assessment.

    See question 
  • Can I receive child support from a father who sells counterfeit good?

    My baby was born with a rare heart condition and must undergo many open heart surgeries my child's father never sign the acklog/paternity form/birth certificate the worst pain he wished my baby death which is painful alone now as far as his income...

    David’s Answer

    If you're able to get a record of his income from PayPal, that may be enough. Merely because someone works off the books or doesn't submit a tax return doesn't mean you can't get support from him. Schedule a consult with a NYC Child Support attorney for a full assessment.

    See question 
  • My son is 17 yo, Down Sydrome, my mother & I have jt custody & she has final decision. She picks him up every weekend

    from the Residentia. I have visitation with him on Saturdays & every 5th Saturday overnight. He assaulted me in her home&the police had to be called to get him off of me. I was injured. I went to Family court to modify my visitation, to get full c...

    David’s Answer

    Why did the Judge dismiss the case? What's your exact basis for a change of custody? Moreover, Family Court only has custody jurisdiction until the age of 18 - regardless of the specials needs of the child. Schedule a consult with a Westchester Family Law attorney for a full assessment.

    See question 
  • How likely is the court to give minimal or supervised visitation?

    I am separated from my wife (no legal docs in place) she is filing for full custody. About 18mo-2yrs ago, I had an injury which led to a period of Rx pain med abuse by me. Ive admitted to this, but I have no sort of arrest record, inpatient treatm...

    David’s Answer

    If that's the only basis for restricted visitation & you can present the clean tests to the Judge, it seems unlikely your visits would be restricted. You may wish to additionally go for a drug abuse assessment & present that report as well. Schedule a consult with a NYC Family Law attorney for a full assessment.

    See question 
  • My girlfriend was assaulted by her son

    When my son assaulted me the cops came and were gonna stun gun him if he did not get off me.I wanted him arrested and he was not.went to family court and the judge horowitz dismissed it.I got hurt and it's like no one will listen what can I do.?

    David’s Answer

    What did you file in Family Court that was dismissed - a PINS or a petition for an order of protection? How old is your son? What was the basis for the dismissal? Schedule a consult with a Westchester Domestic Violence attorney for a full assessment.

    See question 
  • Calculation error ground for modification?

    There was a calculation error in the final support order, can I seek an upward modification based on this fact? It has been 2 months since it was entered.

    David’s Answer

    No - if there was a calculation error by the Magistrate you must file a motion to renew/reargue. An upward modification would be based upon a substantial change of circumstances since the time the last order was entered - which wouldn't be your situation. Schedule a consult with a Bronx Child Support attorney for a full assessment.

    See question 
  • IF a Judge exceeds his statutory authority to order retroactive child support, is this considered a void judgment?

    Can such an order be ignored without consequence?

    David’s Answer

    The judgment itself would not be "void" unless it was vacated by that Judge, or overturned on appeal. Thus, your options are: file an appeal within 30 days, or file a motion to renew/reargue. Schedule a consult with a NYC Child Support attorney for a full assessment.

    See question 
  • What can I do when my ex violates the court agreement and has not paid me for all children’s expenses?

    My ex has not paid me for all children expenses I have occurred (e.g. sitter, summer camp, etc.) as per court/legal agreement (he only paid me partially). I do not want to pay a lawyer a lot of money to get perhaps less (than a lawyer’s fee) back...

    David’s Answer

    First, you can send him a default notice letter, which may either get him to pay or set him up for a reimbursement of fees. Then, you can file a violation petition in Family Court. Call a NYC Child Support attorney to schedule a consult for more info.

    See question 
  • If my 18 year old daughter willingly moves out, is she able to collect child support?

    My 18 yr old wants to move out, in hopes that support payments will come directly to her. Is this true? Or will she empanicipate herself? I feel as though my ex is giving her bad advice. She wants to reside where she works at a resort. In ret...

    David’s Answer

    If the child moves out with no valid justification, then the parent may argue she emancipated herself by virtue of her actions. Moreover, if she's 18 & working full-time, that may be another basis for emancipation. Schedule a consult with a Dutchess/Westchester Child Support attorney for a full assessment.

    See question