David Ivan Bliven’s Answers

David Ivan Bliven

White Plains Divorce / Separation Lawyer.

Contributor Level 19
  1. I am trying to seek sole custody of my child and collect child support? But i want the arrangements to stay the same,

    Answered about 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Morghan L Richardson
    3 lawyer answers

    Yes, under these circumstances, you should be able to obtain an order of sole custody. And so long as you're the custodial parent, you're entitled to an order of support as well. You can file petitions for each at the Bronx Family Court. You should also schedule a free consultation with a Bronx Child Custody lawyer for a full assessment.

    6 lawyers agreed with this answer

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  2. How much spousal or child support can i get?

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Jean M. Mahserjian
    3. Jayson Lutzky
    4. Mary Katherine Brown
    4 lawyer answers

    To get an idea of how much support you may receive, you can consult the following websites on child support calculation: http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml and maintenance calculation: http://www.nycourts.gov/divorce/calculator.pdf. Nevertheless, for an ultimate award, the Court takes into account a host of factors. You are thus better off scheduling a follow-up consultation with a NYC Divorce attorney.

    6 lawyers agreed with this answer

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  3. My children 13, 16 and 18 have refused to come with me (their father) for any visitation since my ex and I separated and Divorce

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Marco Caviglia
    3. Jayson Lutzky
    4. Morghan L Richardson
    4 lawyer answers

    First, you should keep a paper-trail of your efforts to visit with them. Second, you should do some soul-searching as to whether your prior actions were at all to blame for their refusal. If their refusal to visit is completely unjustified, then you can file a separate petition to terminate or reduce child support. Finally, the Court loses jurisdiction to rule on visitation matters at age 18, so he Court would only have authority to address issues with the 16 & 13 yrea old. In any event, I...

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    1 person marked this answer as helpful

  4. My ex Girl is having our baby, We are good friends but the relationship is just that. What is the best legal advice,

    Answered over 1 year ago.

    1. Lawrence Allen Weinreich
    2. Morghan L Richardson
    3. David Ivan Bliven
    4. Michael Evan Greenspan
    5. Maria C. Tebano
    6. ···
    6 lawyer answers

    Other than to say that you will be responsible for the support of the child, as well as have a right to visit with the child (and the child will in turn have a right to inherit from you), I am otherwise unclear on what "legal position" you're inquiring about. That said, I encourage you to schedule a consultation with a NYC Child Custody/Support lawyer.

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  5. Is a DNA test needed in order to sign an affirmation of paternity after an initial birth certificate has been issued?

    Answered 2 months ago.

    1. David Ivan Bliven
    2. David Zaslavsky
    3. Glenn Johnston
    4. Louis Lawrence Sternberg
    4 lawyer answers

    You do not need a DNA test - but whether one is conducted or not is up to him. Either one of you can file a paternity Petition via Family Court. The Magistrate would then let him know he has a right to a DNA test, which is usually paid in the first instance by the party requesting it. He may always waive that right after full allocution. Speak to a Bronx Family Law attorney for more info.

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  6. FOR SEPARATE PROPERTY TO REMAIN SEPARATE AND AS PASSIVE APPRECIATION WHAT NEEDS TO BE AVOIDED?

    Answered 11 months ago.

    1. David Ivan Bliven
    2. David Alexander Browde
    3. Peter Christopher Lomtevas
    4. Dean George Tsourakis
    4 lawyer answers

    (1) By "separate money," do you mean money you brought into the marriage segregated into a separate account? If so, this would generally keep the asset separate. (2) If marital funds are used to enhance separate property, then generally it's the active appreciation (not the whole house value) which is divisable. (3) If property is either purchased or has active appreciation during the marriage, then the non-title holding spouse doesn't need to have resided there. (4) If, for instance, you...

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  7. What is the fastest court in NYC to file to for an uncontested divorce?

    Answered 12 months ago.

    1. David Ivan Bliven
    2. Robert A. Stumpf
    3. Peter Christopher Lomtevas
    3 lawyer answers

    Here's the issue - if you file in the wrong county, you run the risk of a Judge transferring it to the proper county & thus doubling the time (at least) for your judgment to be signed. There's no tremendous difference between the counties (perhaps a month or two) so rather than run even a small risk that your case gets transferred, you're best advised to file in the county where you reside. For a full assessment, schedule a consultation with a NYC Divorce attorney.

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  8. Ex continues to interfere with visitation. Need help PLease!!!!

    Answered about 1 year ago.

    1. David Ivan Bliven
    2. Jayson Lutzky
    3. Thomas J Callahan
    4. Ralph Duthely
    5. Ronna L. Deloe
    5 lawyer answers

    You may try to file an order to show cause (along with another violation petition) in an attempt to speed up the court date. You should also keep a paper-trail, confirming each communication you have with her. In the interim, call her bluff & offer to take your child before/after the event which is scheduled and/or offer to accompany her to the event. In any event, you should schedule a consultation with a Westchester Child Custody attorney for a full assessment.

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  9. I need to know how to file for emancipation ! I have no financial support from any family members and I need help !

    Answered over 1 year ago.

    1. David Ivan Bliven
    2. Sean Patrick Lewis
    3. Jayson Lutzky
    3 lawyer answers

    I assume you are under 21? If so, your school's financial aid office should be able to assist you with the applications you need. You may otherwise consider filing your own child support petition in court seeking either an order of support, or alternatively a declaration of emancipation. Should you need assistance with same, I then suggest you call a Bronx Co. Child Support lawyer to schedule a consultation.

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  10. Do I need to sue my ex-girlfriend for domestic violence? And get the custody of my 2 daughters I had with her?

    Answered over 1 year ago.

    1. Howard M Lewis
    2. David Ivan Bliven
    3. Jayson Lutzky
    4. Deborah G. Fiss
    4 lawyer answers

    First, you must immediately file for custody if you truely want your daughters to live with you instead of with her. The longer you wait, the more likely it will be that the Judge will wonder why you didn't file sooner. Second, as to whether you should file for an order of protection, her merely threatening to report you to USCIS is not grounds to file for same. If there are other reasons, you should review them with an attorney. Finally, you always have a risk of deportation. Whether that...

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