Skip to main content
David Ivan Bliven
Avvo
Pro

David Bliven’s Answers

5,219 total


  • I am on SSD and not able to pay for a divorce. I recently located to New York. My husband resides in Florida

    Am I entitled to any legal aid assistance?

    David’s Answer

    Unless you got married in New Yoork, you may need to wait for at least 2 years to satisfy NY's residency requirement. Your other option is to file for divorce in FL. Schedule a consult with a Westchester Divorce attorney for more info.

    See question 
  • While at a child support hearing, under oath one party committed pergury

    One parent claimed, because of a death in the family they have not been as involved in childs care as much as they should be. This was a lie, a cousin is in the hospital but absolutely no deaths have occurred in the family. Once this is brought up...

    David’s Answer

    It depends on whether they were meaning the same person you were referring to. That said, it seems merely a tangential credibility issue. Schedule a consult with a Westchester Child Support attorney for more info.

    See question 
  • Ssi and child support

    Will child support affect my baby ssi payments? Planning to take my child's father to child support but my baby has SSI do I have to report ssi to child support or child support to ssi? What happens if I report child support to ssi and child's fat...

    David’s Answer

    It should not affect child support, but you should nevertheless report any additional income. Schedule a consult with a Bronx Child Support attorney for more info.

    See question 
  • Does nys supreme court divorce (5/2009)take precedent over family court papers(3/2009) that were enforced before the divorce

    Divorce changed custody from her having physical custody to joint physical and legal for both of us, the support I paid was dropped at the signing of the divorce due to the 50/50 split in custody. Specifically picking up and dropping off of child...

    David’s Answer

    If the Divorce Judgment was entered after the Family Court order, then the former takes precedence over the latter. That said, I'd be confused as to why there wasn't specific reference in the divorce judgment regarding the Family Court proceeding. Schedule a consult with a Dutchess/Westchester Divorce attorney for more info.

    See question 
  • Why has the enforcing state not released funds to me?

    My original GA order is now being enforced by FL since May 2015. My ex husband is being garnished, however, FL has not made any payments to NY. I have not had any support in 5 weeks. Florida is not answering my local Support Collections worker ...

    David’s Answer

    You may need to contact FL SCU directly - most likely they have contact information & inquiry forms on their website. Call an Orange/Westchester Child Support attorney for more info.

    See question 
  • What does "vacate"an order mean?

    My ex-wife was granted attorney fees from a support hearing. The order specified that I pay the attorney directly. An objection was filed with the family court. The family court judge "vacated" the order. I asked the attorney to return the money ...

    David’s Answer

    "Vacate" means you won your objection & the order is void. If the case was not remanded, then serve a copy of the Objection decision/order on the attorney via notice of entry. Then send a demand letter for return of the funds to both the attorney & your ex-wife. If you don't get your money, sue them both in civil court. Schedule a consult with a Rockland/Westchester Child Support attorney for more info.

    See question 
  • Uncontested divorce + Mediation agreement signed by both parties ready to be filed with court. one party backs off. what to do?

    We have two kids, they have been living with me for past 9 Month. Our marriage broke down while ago and we both agreed to go for mediation and file uncontested divorce papers. we both signed the divorce paper with the mediation agreement. when t...

    David’s Answer

    If by "signed the divorce paper with the mediation agreement" you mean a full stipulation of settlement, then you should simply proceed with the divorce. It's unlikely he'll be able to back out now. If you didn't sign a stipulation of settlement, then it's back to square one - this time you'll need to negotiate a settlement with attorneys representing you both. Schedule a consult with a Westchester Divorce attorney for a full assessment.

    See question 
  • As a conditional resident, how do I file for divorce from an emotionally abusive US citizen spouse?

    I am on a conditional green card and is been emotionally abused by my US citizen spouse. He sleeps out doesn't speak to me and totally ignores me without speaking me for days and even has sex with me and then gets up and ignores me the next day. H...

    David’s Answer

    You may file a divorce case the same as anyone else. You should additionally have a formal consultation with an immigration attorney to learn the steps you'll need to take to "lift the condition" off your green card. As for the divorce, you should call a Bronx Divorce attorney for a full assessment.

    See question 
  • If two parents agree on joint custody and parenting plan but a custody case is already open, how can they go about settling this

    Father files for custody/visiation, mother files for child support, order of protection and custody day after she is served with papers. Both parents of the child speak after their first court date, realize its best to make an agreement for joint ...

    David’s Answer

    You can simply go in on the next court date & place the settlement on the record. The Judge will then do an order to that effect, Some Judges want you to write down the settlement on a stipulation & present that to them for signature. Schedule a consult with a NYC Child Custody attorney for a full assessment.

    See question 
  • How can i take my children with me?

    i want to file for divorce. I have 3 children one 13 from a previous relationship and the other 2 are with my current husband. I am looking for a place to live with them but my husband tells me that they are not going anywhere. I cannot move witho...

    David’s Answer

    You can make the custody/relocation issue part of the divorce. That said, if you intend to move in a matter of months (as opposed to a year or more from now), then I'd advise to file for custody/relocation in Family Court & defer the divorce for later on. Schedule a consult with a NYC Child Custody attorney for a full assessment.

    See question