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David Ivan Bliven
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David Bliven’s Answers

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  • Why is state still taking money

    Have court order that I don't have to pay support since 2008 cause ex refuses to follow the court order Thompson v Thompson so my x tried to appeal nd lost superior court also agreed with other judges so why is my still taking money order says she...

    David’s Answer

    Not sure - did you have a specific petition before the Court regarding the child support (not merely to visitation)? If so, was a copy of the order suspending the support order served upon SCU? If so, then you may need to file a Mistake of Fact form with SCU (https://www.childsupport.ny.gov/dcse/pdfs/mistk_fact_form.pdf). Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • I want my daughter back with her family where she belongs...can this be done?

    The mother of my daughter put her up for adoption in the Bronx family courts and at the time I didn't know if I was the birth father so I didn't protest much to the idea because I had my doubts. But since then we had another child(Quinten)and he i...

    David’s Answer

    If the adoption went through, then the issue is whether you were provided with notice of the adoption & thereafter defaulted. You should go to Bronx Family Court to obtain the adoption order, and also see in what manner the Court found you were served with notice of the adoption (or whether the Judge determined you were not entitled to notice). You should then bring in whatever documents you obtain from Court to a Westchester Family Law attorney for a full assessment.

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  • What will happen to my kids if I move out?

    my father wants me to move out I have 2 kids he's willing to take custody of the children. He also gave me an eviction notice.so now he wants me to go back to my husband which we have been separated for at least 3 years he doesn't understand why ...

    David’s Answer

    If you give your father custody of the children, it may not be easy to obtain them back. You may goto a shelter temporarily while awaiting other housing. Schedule a consult with a Westchester family Law attorney for more info.

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  • how does whistle blowing work in an s-corp without liability. Am I liable for anything . how can I remove myself

    I am currently married to an abusive husband who controls the business and doesn't include me in employee operations. he has recently abused me and went to jail for it he is currently out on bail and operating the business . I have a order of prot...

    David’s Answer

    Many of your questions should be directed to a corporate lawyer, who would be better equipped to handle those questions. That said, you should file for divorce asap, as there is no longer "innocent spouse" protection and thus you should separate your affairs from his. For the divorce, call a NYC Divorce attorney to schedule a consult for a full assessment.

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  • Do I need to change all documents now that I am divorced & using only my maiden name?

    Am divorced. My new job needs my SS# & Driv. License to match. I used my div. decree@ both offices to change to my maiden name as SS wouldn't hyphenate. Do I need to change everything now ie: inform child suppt, unemploy, will, insurance, annuitie...

    David’s Answer

    You aren't necessarily obligated to change all documentation with your name on it. The divorce judgment only provides that you MAY resume use of your maiden name - it does not obligate you to do so. Call a Westchester Divorce attorney for more info.

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  • Am I legally able to claim my son on taxes? In divorce states mother claim him but now he lives with me . Please Help !

    When I got divorce I was paying $1000.00 a month in child support , at the time my ex spouse told me that she would allow me to claim one of two children as a child tax credit . Even though they had both live with her. This is stated in our 2007 d...

    David’s Answer

    If the divorce settlement states she gets to claim 1 child, then (if she's not agreeing to give you the deduction) you'll need to file a modification petition. You'll need to claim there's been a substantial change of circumstances - namely that both children are now residing with you. Schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.

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  • Can I take any sort of legal action against her for breaking our verbal agreement? Thanks

    Hi me and the mother of my child have had a verbal agreement for the past 4 years of alternating who gets to claim our daughter on our taxes. Now she is trying to stop me from doing so without good reason. I have my own place and tax paying job, b...

    David’s Answer

    You can't enforce a verbal contract like this, but you could file a support modification petition & ask that the magistrate consider ordering that you get the deduction in alternate years. If you are very involved with the child & are paying significant support, the Magistrate would be more likely to set that up. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • How long would a filed divorce remain valid and who would be best person to contact to determine the status of the paperwork?

    I'm a social work intern trying to find out information for one of my clients. My client filed for divorce 10 years ago and paid all the associated fees, but the divorce was never finalized. My client is curious if she needs to repay and refile ...

    David’s Answer

    She'd most likely need to goto the Clerk's Office to be certain. Theoretically the clerk may have either marked her file abandoned - and it's possible (though extremely unlikely) it was administratively dismissed for failure to prosecute. If neither happened, then most likely she can pickup where the case left off. She should schedule a consult with a White Plains Divorce attorney for a full assessment.

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  • Can our 17 year old daughter insist that her older sister stay in the room with her when she meets with the law guardian?

    Our 17 year old (this month) younger daughter has a temporary order of protection from my ex. She's been appointed a law guardian that she doesn't trust, because he's friends with my ex. In a previous proceeding, I requested a new law guardian f...

    David’s Answer

    • Selected as best answer

    It's up to her - she's the client, so she's (supposed to be) in charge. If she wants to insist on her sister (or anyone else for that matter) to be present for the interview, then she's free to do so. She has a right to file a complaint with the Supervising Judge's office and/or the Office for Attorneys for Children (Appellate Division - 2d Dept.) if her concerns are not being addressing by her attorney. Schedule a consult with a White Plains Family Law attorney for a full assessment.

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  • Can I send my daughter's email to the family court judge with a cover letter? Or have her write a letter to the judge?

    I have a case in family court requesting an order of protection for our daughter at her request. She's 17 this month. Although my ex had full custody for several years, our daughter revealed that she was being abused and, following a police inci...

    David’s Answer

    If the child is that old, she may goto court herself & ask for the Judge to assign another attorney for her. Otherwise, she is free to communicate with her lawyer that she wishes to change counsel. That said, the Judge isn't likely to read "letters" sent to him/her, especially if not copied to all sides. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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