Q: My husband was supposed to pay 50% of our sons' college tuitions. He refused to pay for my one son while he was in college, making him take out loans. He promised that once my son was done with college, he would pay the loans. I paid my 50% share while my son was in school. In addition, I am the guarantor on my son's loans. I asked my ex to refinance the loans so my name would be removed as guarantor. He refused to do this. My ex continues to be delinquent in honoring the commitment he made. He is close to ruining my credit. what recourse do I have?
A: David's Answer: Was the separation agreement incorporated into a judgment of divorce? If yes, then send him an itemized default letter by certified mail, return receipt. Then file a contempt motion if he doesn't make amends. If you do not yet have a judgment of divorce, then file a divorce case & bring up the alleged violation in that case. Schedule a consultation with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
Wednesday, November 27, 2013
What does someone needs to do to get the order of dispositon from a family court
Q: the case came to a settlement in a family court and now want to know how to get the order of disposition from the clerk office. where do i need to go and what to do to get that paper. i don't have any attorney for me to do that.
A: David's Answer: Just go to the Clerk's Office at White Plains Family Court (assuming that was your court) with photo ID & request a copy of the order. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Just go to the Clerk's Office at White Plains Family Court (assuming that was your court) with photo ID & request a copy of the order. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, November 20, 2013
Abusive Wife and Visitation Rights
Q: If your wife is abusive towards you to the point that you have to leave the house prior to divorce being finalized and the divorce arrangements being made, can it negatively impact visitation rights? I've agreed to let my wife have physical custody of the child but I am concerned if it can impact being able to see my daughter.
A: David's Answer: t shouldn't affect your rights to see your child as you can always arrange for pick-up & drop-off to be at a neutral location. -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)
A: David's Answer: t shouldn't affect your rights to see your child as you can always arrange for pick-up & drop-off to be at a neutral location. -- David Bliven, Westchester Family Law lawyer (www.blivenlaw.net)
Wednesday, November 13, 2013
In NY; how can I change my maiden last name (family name) although I'm married and using my husband's last name?
Q: All I want to do is drop my family's name and have another last name as my maiden name - is this doable? Kindly advise, thank you!
A: David's Answer: You would need to amend your birth certificate. Contact the County Clerk's office in the county where your birth certificate is on file for the procedures necessary. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You would need to amend your birth certificate. Contact the County Clerk's office in the county where your birth certificate is on file for the procedures necessary. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Are your 4th amendment rights regarding CPS investigations limited if you had been the subject of past CPS investigations?
Q: In the past investigations, negligence had been found.
A: David's Answer: You still have the same due process rights, except if there is an order of disposition from the prior neglect case which, for example, allows CPS to make home visits. If that's the case, then you are obligated to comply with the home visits. For a full assessment, schedule a consultation with a Westchester Family Law attorney, particularly one who handles CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: You still have the same due process rights, except if there is an order of disposition from the prior neglect case which, for example, allows CPS to make home visits. If that's the case, then you are obligated to comply with the home visits. For a full assessment, schedule a consultation with a Westchester Family Law attorney, particularly one who handles CPS matters. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Wednesday, November 6, 2013
Does my 13 year old son have a right to refuse contact with his father? (NY)
Q: We are in the process of a divorce. His father moved out in January. We tried shared custody but that came to a halt after my son walked out on his visit with him for the 4th time. He hasn't spoken with his father since. He even refuses to respond to his text messages. The biggest part of the problem is that his father is in the military and forgets that it's his son and not his soldier. I practically raised our son alone and didn't raise him with a dictator style of parenting. My son has no behavioral issues at home with me or at school. He was doing great until the court stuff surfaced and then he started to slip. The only problem that ever arises surfaces around his father trying to force him to go to therapy and visit with him. There's much more but this is a brief explanation
A: David's Answer: Here's the issue as I see it: can the 13yo refuse to go to school if he feels he doesn't want to? Of course not. Thus, there must be some compelling reason why your son shouldn't be sent over to visit his father. Moreover, if there is any order regarding parenting time, you'd need to file an order to show cause to modify that order - and ask for an attorney for the child to be appointed if one isn't already. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Here's the issue as I see it: can the 13yo refuse to go to school if he feels he doesn't want to? Of course not. Thus, there must be some compelling reason why your son shouldn't be sent over to visit his father. Moreover, if there is any order regarding parenting time, you'd need to file an order to show cause to modify that order - and ask for an attorney for the child to be appointed if one isn't already. Schedule a consultation with an Orange/Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
My ex is threatening to tell the courts that she cannot reach our child when she is with me.
Q: My ex has sent me several messages about not being able to reach our daughter during the days she is with me. My daughter spends every wednesday with my ex and every other weekend. I don't reply to any of the texts my ex sends me asking if our daughter is ok since she can't reach him and we don't answer our phone. Do I have to let my child talk to my ex over the phone when she is with me?The order does state that my ex can talk to my child over the phone but does it need to be every day? The longest I prevented my daughter from speaking to my ex was three days and I only let her because my ex was about to call the cops worried. Would the cops even do anything since my daughter is scheduled w/ me? Isn't this harassment? I am the custodial parent.
A: David's Answer: Generally the other parent is allowed daily phone contact. The police would not generally get involved in such a thing but would instead refer the parties to Family Court (thus, it's most likely not harassment on either party's part). That said, if the other parent sends a communication, you should reply back, even if it's via e-mail or letter instead of text. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Generally the other parent is allowed daily phone contact. The police would not generally get involved in such a thing but would instead refer the parties to Family Court (thus, it's most likely not harassment on either party's part). That said, if the other parent sends a communication, you should reply back, even if it's via e-mail or letter instead of text. For a full assessment, schedule a consultation with a Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Saturday, November 2, 2013
Can I have a temp OP removed and how? A judge stated that it's lifetime OP, is that true? I want to remove the OP ASAP
Q: What if you still was having contact the person because they needed help alcohol and now they are better
A: David's Answer: If it's temporary, then it's not permanent. A review of the order itself would reveal same (but its expiration date). That said, more details are necessary: are you in criminal court or Family court? Is the order against you or in favor of you? Is the case still ongoing (do you have an adjourn date) or is it finalized? -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: If it's temporary, then it's not permanent. A review of the order itself would reveal same (but its expiration date). That said, more details are necessary: are you in criminal court or Family court? Is the order against you or in favor of you? Is the case still ongoing (do you have an adjourn date) or is it finalized? -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
My child came home from daycare and...
Q: My 2 and a half year old came home from daycare saying they put her in time out for crying and she also has a bruise near her eye! What to do?
A: David's Answer: First, bring it to the attention of the daycare. Find out what they say happened. You can't necessarily accuse them of abusing your child if, for instance, she hit herself or another child hit her. If you still have suspicions after speaking with them, then report it. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: First, bring it to the attention of the daycare. Find out what they say happened. You can't necessarily accuse them of abusing your child if, for instance, she hit herself or another child hit her. If you still have suspicions after speaking with them, then report it. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
Where can I find examples of postnuptial agreements, so that I can draft myself
Q: postnuptial agreements
A: David's Answer: Forms can't be obtained off this website. You can google it or go to a law library. That said, it you have income or assets worth protecting (otherwise why do a pre-nup in the first place), you're best advised to have an attorney do it. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
A: David's Answer: Forms can't be obtained off this website. You can google it or go to a law library. That said, it you have income or assets worth protecting (otherwise why do a pre-nup in the first place), you're best advised to have an attorney do it. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
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