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David Ivan Bliven
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David Bliven’s Answers

6,004 total


  • Can someone other than either spouse contest a divorce?

    For example, if a husband and wife agree to an uncontested divorce, splitting up marital property as they see fit, can the husband's adult child from his previous marriage get involved in any way to try to get more from the wife's estate for her f...

    David’s Answer

    No, the adult child would not have legal standing, unless the father is legally incompetent. The adult child (assuming s/he's also a child of the wife)may have independent estate rights in the mother's estate which would be unaffected by the divorce. Thus, s/he may wish to consult an estate attorney and/or a White Plains Divorce attorney.

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  • (Family court ). Can I be taken bk to court for child support after she missed her first court date because we settled out of ct

    The mother of my child was going to take me to court for child support. We ended up unofficially settling out of court. So she never showed up for her court date and it got dropped. Now she wants more money can she take me back to court

    David’s Answer

    In short, yes. "Unofficial" or informal agreements are unenforceable, thus she can always ask for a guidelines order thru the court. This time, if you're going to "make a deal," do it in court. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • What can I do since NY Child Support Enforcement will not close my case?

    According to my divorce decree that was filed in Virginia and not New York (New York thinks it was filed in New York, child support is paid until the child reaches 21), child support payments will terminate when the child turns 18 years old or whe...

    David’s Answer

    An accounting would need to be done of what you owed pursuant to the divorce decree, as well as what you've paid. If there's a negative discrepancy, then you'd still owe arrears. You may ultimately need to get an order from the VA court. Call a Bronx Child Support attorney to schedule a consult for a full assessment.

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  • Ex continues to schedule activities or change my visitation

    My ex continues to schedule activities during my visitation. Usually a day before my scheduled visitation, my ex will text or email me and include our son 13 yr old son in the conversation (by including his phone number or personal email) therefor...

    David’s Answer

    First, I'd suggest to send your ex a letter detailing your alleged violations & suggest that henceforth she avoid scheduling activities during your time & stop putting the child in the middle. If that doesn't solve things, then file a modification/violation petition. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • I have separated from my husband for 7 yrs and move to N.Y for 5 yrs can I sent my divorce papers by mail to FL. for him to sign

    need to get my divorce from my husband in Fllorida i live in new York for 5 years

    David’s Answer

    Sure - so long as he signs the affidavit of defendant and expressly consents to New York having jurisdiction, I see no problem. Schedule a consult with a White Plains Divorce attorney for a full assessment.

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  • Can I ask for support from a father's spouse in a child support case?

    my kids father doesn't pay child support and works off the books. He told me he doesn't have any intentions on giving me any support and will tell the judge that he's on public assistance and works as a handyman( off the books). I recently found o...

    David’s Answer

    The court will not impute income to him from the spouse, unless she's helping to defray some of his expenses. Otherwise, the court can only impute income to him based on his education & work experience. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • Ex stopped taking our child to therapy ordered by the court

    My ex stopped taking our child to therapy. Our orders state that she and I both have joint legal custody and must make medical decisions together. My ex refuses to discuss why she removed our child. I spoke to the psychiatrist who said that she tr...

    David’s Answer

    First, I'd advise to send a "default notice letter" - more specifically, correspondence which notes the apparent violation & requests an explanation. If she either ignores same, or provides an insufficient excuse, file your petition. Schedule a consult with a Westchester Child Custody attorney for a full assessment.

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  • Can I get my two children back from the administration for children's services if the charges are false but I pleaded guilty

    The judge said that he was going to find me guilty no matter what and the second lawyer I had said to take the guilty plea because she can do nothing to help me.under all the stress that i was put through by them i pleaded guilty under the stress....

    David’s Answer

    It's impossible to assess online whether the charges were false - and therefore what chances you have in getting your 2 children back. Usually if 1 child is in foster care & another is born, they treat that child as "derivatively neglected." Whether they have a good case - or whether you have a solid defense - would depend on an evaluation of the evidence. Thus, you may call a Bronx Family Law attorney to schedule a consult for a full assessment.

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  • How long does it take for a divorce decree in Westchester county to be imaged?

    My divroce case status changed to disposed and JOD was signed about 11 days ago. I went to the Westchester clerk office and asked for my divorce decree. They said it has not been imaged yet. 1. How long does it take for the divorce decree to g...

    David’s Answer

    It should only take a week or two to get processed by the clerk's office, barring a major backlog. And you would not be automatically sent your certified copy of the judgment - you need to retrieve it in person. Call a Westchester Uncontested Divorce attorney for more info.

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  • Divorce in NY, LLC interest, income VS support.

    I am in the middle of a divorce, in NY. My spouse has a LLC business. There is another active member at the LLC. Before we filed the joint extension (4/15/16), he insisted that there was a profit and no refund for year 2015. End of June 2016, he...

    David’s Answer

    Ultimately in a divorce case, the business would be valued anyway. Thus, just ask for assignment of a neutral evaluator who will discover the value of the business - and also be able to assess whether the LLC granting documents were legitimate. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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