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David Ivan Bliven
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David Bliven’s Answers

6,004 total


  • Can I bring in my pay stubs instead of tax returns to my first child support hearing?

    I have an upcoming child support hearing for which i am the petitioner and I wanted to know if instead of bringing in my w-2 or tax returns as proof of income if Its ok to bring copies of recent pay stubs instead? I know at times when you don't ha...

    David’s Answer

    Generally, you are required to bring into court all mandated disclosure: tax returns, W-2s, paystubs and a completed financial disclosure affidavit. It is then up to the Magistrate to consider what to base the calculation upon. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • Can a former employer be forced by the courts to expedite the distribution of a pension for the purpose of a child support debt?

    My childs father is in arrears for child support. Although he was terminated from his job he's still vested and eligible for a pension check. Does the court have the power to force his former employer to start generating a pension check without h...

    David’s Answer

    No - if you were never married to the father (& as part of a divorce were granted a share of his pension), and the pension isn't already in pay-out status, then you can't level a garnishment on it. Only when it is paid out can you possibly enter a garnishment on the account. Schedule a consult with a Bronx Child Support attorney for a full assessment.

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  • Is NCP supposed to provide clothes and toiletries for overnight visits?-

    NCP has daughter every other weekend from friday evening till Sunday afternoon. Since it is the first time, I provided a bag for her but I want to know is NCP supposed to provide his own pajamas and clothing for the child as well as toothbrush/too...

    David’s Answer

    Packing a bag is prudent in this situation, especially if the NCP is paying child support. The rationale is that the child support is intended to cover all the basics for the child including clothing & personal effects. That said, the NCP should generally have items like toothpaste & soap, but would not necessarily have to buy specific brands to suit the child's desires. Schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • In Divorce, does the plaintiff and defendant both have to remove barriers to remarriage in case of religious marriage?

    In Divorce, does the plaintiff and defendant both have to remove barriers to remarriage in case of religious marriage? Contested divorce just got over with judge giving the divorce decision.

    David’s Answer

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    Technically, only the plaintiff needs to execute the "Statement of Removal of Barriers to Remarriage." That said, if it's a specific issue in your case, then it is prudent to have the Defendant execute a stipulation to that effect as well. Schedule a consult with a Westchester Divorce attorney for a full assessment.

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  • As plaintiff are my chances better with a Special Referee as to validity of a foreign divorce or is judge copping out?

    Unbeknown to me husband went to Dom. Rep. divorced me and remarried, but divorce papers name me as person who initiated it. When sent copies of so called divorce not only did person impersonating me get all my info wrong i.e date of birth, social...

    David’s Answer

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    I disagree that NY recognizes divorce judgment "from anywhere." Indeed, the issue is one of proper jurisdiction. Ultimately proper procedure in your case would have been for husband to have filed a motion to dismiss your NY divorce, based on his submission that DR already issued a decree. For NY to recognize it, he would have the burden of proving DR had proper jurisdiction. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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  • I wanna to take a vacation with my kids 3 months the father won allow it

    My youngest children want to go on vacation with me to Dominican Republic father is refusing to allow it one father is the assumed father and the other just got the affiliation by the judge what can I bring the court to allow my kids to travel wit...

    David’s Answer

    You would need to file a petition for sole custody. Once you have an order of sole custody, you no longer need the father's permission to travel or get a passport. If you've already booked the trip, I'd suggest filing it as an order to show cause & request a temporary order of sole custody. Schedule a consult with a bronx Family Law attorney for a full assessment.

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  • Can I apply for visitation for to see my step daughter

    My husband and his ex don't get along because he married me and she won't let him see the children. The 16 year old left and came to live with us. Can I file for visitation for the 7 yr old on my behalf as step mom

    David’s Answer

    Generally, a step-parent does not have legal standing to petition for visitation. Thus, your "visitation" with your step-child would be coupled with the times your husband sees the child. Schedule a consult with a Westchester Family Law attorney for a full assessment.

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  • How long does it take to divorce in nyc

    I have filed for divorce recently in nyc. I leave in Bronx and I was wondering how long will it take for the papers to get processed. The divorce is uncontested, no property, no children. I know that it should go to the judge and than depends o...

    David’s Answer

    In my humble experience, cases take longer to process in the Bronx than many other boroughs or counties. I usually tell clients its about 6-8 months from when the full judgment package has been submitted, and thus the total process from beginning to end is approximately 8-12 months for a typical uncontested. Schedule a consult with a Bronx Divorce attorney for more info.

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  • Can a father get custody over 1 year old daughter if mother lives in homeless shelter?

    My ex kicked me and my daughter out 2 months ago. We've been staying with friends and family ever since. Currently on welfare, getting child support, enrolled in college, attending a back to work program, actively job searching. Considering shel...

    David’s Answer

    Ability to support the child, as well as home environment, are certainly factors in determining custody. That said, there are many other factors which go into a custody determination, such as who is the primary psychological parent and who has de facto custody at the beginning of the case. You're best advised to schedule a consult with a Bronx Family Law attorney for a full assessment.

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  • CAN I SUE NYPD & HOUSING FOR ALLOWING NO KNOCK TO B SERVED ON INNOCENCE FAMILY

    AT 630 A.M 6/30/16 NYPD BURST THREW MY FRONT DOOR. POINTING AUTOMATIC WEAPONS AT MY 22 YEAR OLD 5 1/2 MONTHS PREGNATE NIECE THREW HER TO THE GROUND GUNS TO HER HEAD. BRUST INTO MY DAUGHTER ROOM WHO IS NURSING A 3 WEEK OLD BABY. TOSSES HER TO THE F...

    David’s Answer

    To do a "no knock" raid, the police generally would need a warrant. The issue in your case, given that the police presumably had a "no knock" warrant (although this would obviously need to be verified) is whether they mis-represented the facts to the Judge to get his/her approval for the no-knock warrant. Schedule a consult with a Bronx Civil Rights attorney for a full assessment.

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