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Dealing with Child Protective Services (CPS) can be one of the most stressful experiences for any parent or caregiver. At The Law Offices of Joseph H. Nivin, P.C., we help families in Forest Hills, Queens, and Brooklyn navigate CPS investigations, hearings, and the legal system with clarity and confidence. Our goal is to ensure your rights are protected while guiding you through each step of the process. We know how overwhelming it can feel when CPS gets involved in your family’s life. What Is Child Protective Services (CPS)? Child Protective Services (CPS) is a government agency responsible for investigating reports of child abuse or neglect. In New York, CPS operates under the Administration for Children’s Services (ACS) in New York City and under local social service agencies in other counties. When a report is made, CPS must assess the situation to determine whether a child is at risk. This may involve visiting the home, speaking with the child, and contacting schools, doctors, or relatives. Why CPS May Become Involved CPS cases often begin when someone makes a report to the State Central Register of Child Abuse and Maltreatment (SCR). Reports can be made by: Teachers, doctors, or other mandatory reporters Neighbors, relatives, or others who suspect abuse or neglect Law enforcement officers Common reasons CPS becomes involved include: Allegations of physical abuse or neglect Concerns about unsafe living conditions Claims of educational neglect Substance abuse in the home Domestic violence exposure What to Expect During a CPS Investigation If CPS opens an investigation, you may experience: Unannounced visits to your home Interviews with you, your children, or other household members Requests for records, such as medical or school documents Safety assessments of your home environment Investigations usually last 60 days. At the end, CPS will determine whether the allegations are “ indicated” (supported by evidence) or “unfounded.” Your Rights When Dealing With CPS It’s important to understand that you have rights during the process: You do not have to let CPS enter your home without a court order. You have the right to consult with an attorney before answering questions. You can refuse to sign any documents without legal advice. You can appeal decisions made by CPS. Having a family law attorney on your side ensures that CPS respects your rights and that you do not accidentally say or do something that harms your case. How a CPS Lawyer in New York Can Help At The Law Offices of Joseph H. Nivin, P.C., we represent parents and caregivers facing CPS investigations and Family Court proceedings in Forest Hills, Queens, and Brooklyn. We can help you by: Explaining your rights and options clearly Communicating with CPS on your behalf Preparing you for interviews and hearings Representing you in Family Court if necessary Working toward solutions that protect your family’s future Serving Families in Forest Hills, Queens, and Brooklyn We understand the unique challenges families face in New York City. Whether you live in Forest Hills, Queens, or Brooklyn, our team is ready to guide you through the CPS process and advocate for your family every step of the way. Contact The Law Offices of Joseph H. Nivin, P.C. Today If CPS has contacted you or your family, do not wait to get legal help. The sooner you act, the better your chances of protecting your rights and your children. Contact The Law Offices of Joseph H. Nivin, P.C. today for a consultation and let us help you move forward with confidence.

Paternity can be a sensitive subject, but it's essential to be clear on this issue. Legal recognition of the father can have implications for custody, child support, and visitation. Challenging paternity in Forest Hills, NY is a complex area of law that typically requires court action. An experienced paternity lawyer can let you know what to expect and represent your rights throughout the process. more Challenging Paternity in Forest Hills, NY: What Are My Options? When a couple are married, New York assumes the man is the biological father of any children, unless proven otherwise. If the couple are not married, the man may sign an Acknowledgment of Paternity, typically when the child is born. There may also be an order of filiation. This is a court order that establishes a man as the father in cases where he is not married. When there is agreement between both parents that the man is the father, no further evidence may be required for the order to be granted. Who Can Challenge Paternity? If you don't believe you are the biological father, you will need to file a paternity petition through the court. Only certain people can file a paternity petition in New York, namely: The mother The alleged father The child's guardian The child Social Services What Is the Process for Challenging Paternity in New York? To challenge paternity, you must file a petition with the Family Court setting out your reasons for making the request. The court will expect you to have clear and convincing evidence that you may not be the father. A paternity test will not be granted on a whim. Legal representation is essential to ensure your rights are protected and your paternity petition is granted. If the court agrees to your request, a DNA test will be carried out. The court will then reconvene to consider the results. This will include whether to allow your name to be removed as the father if the DNA test is negative. Can Paternity Always Be Challenged? The courts will always center the needs of the child, even if paternity is in question. This means they may not grant your request for a paternity test if it would cause psychological distress to the child. Some of the factors the court will consider include: The length of your relationship with the child The nature of your relationship Whether disruption to this relationship would be harmful The timeliness of the request Reasons for filing the petition If the court believes that a paternity test would cause significant harm to a child with whom you have already formed a parental bond, your request may not be granted. Consult a Paternity Lawyer Today The complexity of the laws surrounding paternity means that it's critical to seek legal advice promptly. There may also be time restrictions, especially if you signed a voluntary Acknowledgment of Paternity. An experienced paternity attorney will be able to determine if any exemptions apply, such as undue pressure to accept paternity. Once they have assessed your circumstances, they can put your strongest case to the court. We understand the unique challenges surrounding paternity law and can help you secure a fair outcome. Contact us today at the Law Offices of Joseph H. Niven, P.C. in Queens, NY to schedule a no-obligation appointment.

If you pay child support but circumstances have changed since the child support order was made, you may be able to get the child support order changed. A modifications attorney in Queens, NY, explains. One parent must file a petition with the court that gave the original child support order. The petition should give the reason for the request for modification and present evidence to support that reason. The judge will look over the petition and the evidence. They will then schedule a hearing, at which both parents will have an opportunity to present their side. The judge will then make a decision whether to modify the child support order or not. If they decide in favor of the request, the judge will then issue a new child support order. more What Are Legitimate Grounds for Modifying the Order? A parent must show that their circumstances have changed in a major way since the child support order was first issued. This could be something like a parent's loss of a job or a significant pay cut. It could be something positive, too, like a major raise in a parent's income. It could mean a change in what the child needs, such as health needs or education needs. What Kind of Evidence Do I Need to Modify a Child Support Order? The evidence could be any official documentation of the change. For example, pay stubs or tax returns would show a change in income. A termination notice could be presented as proof of a job loss. If a child's needs have changed, medical or educational records could be submitted to demonstrate what physical or other needs have developed or resolved since the child support order was put in place. When Should You Request a Child Support Modification? You should request that the order be modified as soon as you become aware of a major change, such as a change in your location due to a move, or a change in your income that might mean falling behind on child support payments. If you wait to file the request until some time after your circumstances change, it can be harder to prove that the modification request is justified. When Should You Consult a Modifications Attorney in Queens, NY? Consult an attorney sooner rather than later for help with modifying a child support order. A lawyer specializing in family law can help you make sure the petition is filed correctly and that you present adequate evidence to support the request. They can also help you negotiate directly with the other parent, if the other parent is willing to work out modifications directly. Then your proposed modifications would simply need to be submitted to the court for approval. If you need help with getting a child support order changed, reach out to the Law Offices of Joseph H. Nivin in Queens, NY.

If you're involved with the divorce and need to work out issues with child support, always talk with a Queens, NY child support lawyer to get specific information on your unique case. There are some general guidelines to know, however about what goes into calculating child support here in New York. Calculating Assets and Needs The first step in making the calculation is figuring out exactly what income the parents have as well as the needs of the children and certain financial obligations that the parents can't get out of. This gives you your actual amount of net income. Child support is calculated from net income, not total gross income. more To calculate each parent's income, you look not only at the money they make from their job but also at any pensions, unemployment or worker's compensation benefits they are collecting, retirement benefits, income from a rental, fellowships or grants, annuities, or any other source of money that's coming in. From this, you then deduct certain expenses that the parents are obligated to cover, most obviously taxes. Other things that are deducted might be child support the parent is already paying, alimony payments, or certain expenses that they require to run their business. The final thing to look at is whether the children have any special needs beyond what children ordinarily require, such as if a child has a health condition. The Formula In most cases, the state uses a simple formula to calculate how much percentage of the paying parent's income should be given in child support. In general, the parent who is paying support would be expected to pay 17% of their net income for one child, 25% for two children, 29% for three, 31% for four, and 35% for five or more children. Exceptions There are possible exceptions for low-income situations. To find out if you qualify for these exceptions, you must talk with an experienced family law attorney. Generally, however, if paying according to the formula above would reduce the parent's income to below the federal poverty line, then the court will typically order them to pay just $25 a month. If it would bring them below the New York State poverty line, they would be responsible for a bit more, but still not nearly as much as the formula above would typically require. Who Pays? In most cases, the non-custodial parent – i.e., the parent the child is not living with –is the one required to pay child support. However, the court can require either parent to pay for, or share payment for, certain extra expenses that a child might need. These are usually healthcare or educational needs. If you need help in calculating child support, pursuing a spouse who is failing in their support obligations, or if you need to get your own support payments lowered, contact the Law Offices of Joseph H. Nivin, P.C. in Queens today.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. In recent years, many couples have been drawn to mediation as an alternative to going to court. It is an attractive option because of the benefits it offers: less expense, a faster divorce, confidentiality, a less formal way of divorcing and more control for the couple when it comes to making decisions about their assets and their futures. However, mediation is not appropriate in every case. While mediation is highly effective, it is most effective in cases involving collaborative couples, parties who are willing to negotiate and compromise in good faith. When is mediation a good option? Generally, mediation is optimal for cases where the parties get along, at least to a certain extent. In addition, mediation is ideal for cases where: The parties have some idea of what they want and what the other party wants The parents have no strong objections to compromising and negotiating The couple understands that they will get some things they want but not others There are no extreme factors like domestic violence or other criminal activity In essence, a successful mediation requires parties who are willing to work together to solve problems and who do not need help beyond the scope of what the mediator can provide. When is mediation not the best choice? In some cases, mediation is not appropriate, and traditional litigation is the best course of action for a divorcing couple. For example, in cases where: There is domestic violence or any other alleged criminal activity There is significant conflict, and attorneys for the parties have discovered lies on the part of one or both parties, whether withholding financial information or other inappropriate activities The couple cannot see eye to eye, and their goals, relating to what they wish to get out of the divorce, are extremely far apart from the other person In such cases, judges and court staff can help. Courts provide a structured process, where you are usually represented by counsel and where you can provide evidence, testimony and make your arguments. At the end of the process, the judge will decide based on the law and the evidence provided to the court.

by josephnivin How to Fight an “Indicated” Finding from Child Protective Services (CPS) Receiving an “indicated” letter from Child Protective Services (CPS) can be a distressing experience. This means CPS has concluded its investigation and determined there is credible evidence of child abuse or neglect. If you've received such a letter, it's crucial to take immediate action to challenge the finding and protect your future. What an "Indicated" CPS Finding Means An indicated CPS report can have serious consequences, including: Employment Restrictions: It may prevent you from working in child care, education, or other professions involving children. Adoption & Foster Care: You could be disqualified from adopting or fostering children. Immigration Status: It may negatively impact your immigration applications or status adjustments. Custody Disputes: A CPS finding can be used against you in a child custody battle, affecting your parental rights. more Understanding CPS Investigations CPS investigations typically begin when a report of suspected child abuse or neglect is made. The investigation process may include: Interviews with the child, parents, and other household members. Home visits to assess the living conditions. Review of medical, school, and daycare records. Consultation with professionals such as doctors, teachers, and social workers. CPS can reach one of the following conclusions: Unfounded: No credible evidence of abuse or neglect was found. Indicated: There is some evidence supporting the claim, though it does not necessarily mean a criminal charge. Substantiated: The evidence strongly supports abuse or neglect, which may lead to further legal action. Steps to Challenge an "Indicated" CPS Finding If you've received an indicated letter, you have the right to appeal the decision. Here’s how we fight for you: 1. Request an Amendment The first step is to request an amendment from the State Central Register (SCR) to change the finding to "unfounded." While this request is often denied, it is a necessary step in the appeals process. 2. Request a Fair Hearing If the amendment request is denied, your case will be sent to the Bureau of Special Hearings. At this hearing: CPS must prove that abuse or neglect occurred. We will present evidence and witness testimony to challenge their claims. If we demonstrate that the allegations do not pose a risk to children, your record can be sealed, preventing it from affecting your employment or personal life. 3. Take Proactive Steps While waiting for your hearing, it may be beneficial to complete parenting classes, counseling, or other services that demonstrate your commitment to child welfare. Even if CPS proves its case, we can argue that past incidents do not make you a present or future risk to children, strengthening your appeal. Your Legal Rights During a CPS Investigation As a parent or guardian, you have rights during a CPS investigation, including: The right to be informed of the allegations against you. The right to refuse entry to your home without a court order. The right to consult with an attorney before speaking with CPS. The right to request copies of records related to your case. Understanding and asserting your rights can make a significant difference in the outcome of your case. How an Indicated Finding Affects Different Aspects of Life Beyond employment and custody disputes, an indicated finding can: Affect professional licenses for fields such as healthcare and social work. Limit volunteer opportunities at schools, churches, and community organizations. Remain on record for years, impacting future background checks. Success Stories & Case Examples Many individuals have successfully fought and overturned an indicated CPS finding. For example: A mother falsely accused during a contentious divorce was able to have her record cleared after presenting evidence that the allegations were unsubstantiated. A daycare worker faced allegations from a misunderstanding but successfully appealed with strong character references and legal representation. A father wrongly accused due to a misinterpretation of discipline practices had his case overturned through expert testimony. FAQs About CPS Indicated Findings Q: Can an indicated finding be expunged? A: Yes, if you successfully appeal the decision or after a certain period, depending on state laws. Q: How long do I have to appeal? A: The deadline to request a fair hearing varies by state but is typically within 90 days of receiving the indicated letter. Q: Do I need an attorney to fight an indicated finding? A: While not required, having an experienced attorney significantly increases your chances of successfully overturning the finding. Why Choose Us to Fight Your CPS Case? I have firsthand experience working as an attorney for the Administration for Children’s Services. My background allows me to anticipate CPS strategies and build a strong defense for my clients. I understand the legal system inside and out, and I am committed to helping you clear your name and move forward. Schedule a Free Consultation Today If you’ve received an indicated letter from CPS, don’t wait to take action. Call my office today to schedule a free 30-minute consultation. Let’s discuss your case and start the process of clearing your name. Contact Us Now! dule a free half-hour consultation. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220A Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The amount of child support payments not paid each year is staggering. The U.S. Census Bureau reported that 30.7% of child support was not paid in 2015 and 25.8% of non-custodial parents made partial payments. Even with a court order or formal agreement, a parent can find himself or herself frustrated when trying to collect child support. A family law attorney can help you if your ex doesn’t pay child support. You can file a petition to enforce child support with the court. Your local child support enforcement office can also use the following administrative remedies: Withhold federal tax refunds and Apply those funds to unpaid child support Garnish wages from the payor’s paychecks Seize property Suspend an occupational license Suspend a business license Revoke the delinquent payor’s driver’s license Deny issuance of a passport to someone who owes more than $2,500 in child support Important Facts To Know Past Payments: If a pay0r finds him or herself behind in payments, called “in arrears,” he or she can ask a judge for a reduction of child support payments. However, only future payments can be reduced, and the pay0r is obligated to pay past due child support in full. Bankruptcy: Child support debt can’t be discharged by bankruptcy because of the public policy preventing parents from using bankruptcy as a way to avoid supporting their children. Out of State: The Child Support Recovery Act of 1992 makes it a federal crime for a parent to refuse to pay child support to a parent living in another state. Congress also passed the Deadbeat Parents Punishment Act of 1998, making it a felony for a parent to refuse to pay child support to a parent living in another state. The Law Offices of Joseph H. Nivin is on your side and can help you to enforce child support payments. Contact us today.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. Many parents today are self employed. The child support payment process is governed by state law and the judge or support magistrate will decide how much the non-custodial parent has to pay in child support. “Child support is calculated on the parent’s adjusted gross income,” said Family Law Attorney Joseph H. Nivin. “Where a parent is self-employed, we first determine the self employed person’s business revenue, deduct his or her legitimate business expenses, make the statutory deductions (FICA taxes, NYC or Yonkers taxes and other deductions such as court-ordered child support payments for other children.) Once these items are calculated we than determine the person’s adjusted gross income.” In some cases, your lawyer can present to the judge additional factors that may increase or decrease the state’s child support guidelines. It’s important to share with your lawyer if your child or children have expenses for special needs, daycare, education and health insurance. The term discovery in a child support civil case can sound daunting, but don’t let it stress you out. It’s an important part of the case and a good litigation or civil law attorney will do the work by gathering documents and evidence to support your side of the case. Their goal should be to minimize the invasive nature of the process and keep you focused on your long term goals. Mr. Nivin says, “There’s one way to win a child support case and that’s by accepting an outcome where the child support amount is fair, and allows both parents to support their children while running their businesses and remaining financially solvent.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. After the court orders a specific child support amount, a parent can go back and ask for a temporary and/or final child support modification. Some of the reasons for seeking a modification include a change of income, a change in the child’s medical or educational needs. Before you start down this path, be sure to have the proper legal counsel of either a divorce attorney, family law attorney or a child support lawyer. They can help in the following ways: Give important advice on how to prepare for the modification process. Be sure to have on-hand your most recent tax returns, recent pay stubs, bills or invoices to support your request for a child support change. Represent you at the child support hearings. There is nothing that can replace good legal counsel. The court will view you as prepared and serious about this request. Assistance with compulsory financial discovery. In other words, presentation of your income, assets, and debts. Negotiation. Child support modification is not black and white. Thorough preparation will work in your favor. At the end of the day, each case is different.  However, the rules are the same.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. New York child support guidelines for a self employed parent are calculated using all income sources including wages, rental income, interest income, self employment earnings and royalties. Child support ​and divorce for the self-employed in general can be complicated since in many cases it’s difficult to determine the entrepreneur’s actual income. Many business owners​ ​don’t take a regular paycheck, or their pay varies on how well the business is doing. The New York Child Support Standards Act (CSSA) considers many factors when determining child support obligation based on income, number of children and city where the paying parent lives. At your first​ ​appointment with your lawyer, ask the following questions; How does self-employment affect child support? Can my 1099 be garnished for child support? Are child support payments based on gross or net income? Can a business account be levied for child support? If you’re a sole proprietor, joint owner, partner or corporation, the The Law Offices of Joseph H. Nivin will explain the important steps you need to take​ to calculate child support for self employed. Read more Child Support or Contact Us.​

On Behalf of The Law Offices of Joseph H. Nivin, P.C. A child support enforcement lawyer can help you receive the child support payments you are entitled to. If you have an order in place to receive support and the other parent is failing to pay, the Law Offices of Joseph H. Nivin can help. Remedies include a money judgment, incarceration, or both.  As in this case, the court can order the payment of unpaid child support and help you recover the cost of attorney’s fees.  If we prove the other parent has the ability to pay and is willfully ignoring the order of support, the Court will have to order the other parent pay a portion of your legal fees. If child support has not yet been ordered, an experienced Child Support lawyer can help you through the process of establishing support. Contact Joseph H. Nivin for help.

On Behalf of The Law Offices of Joseph H. Nivin, P.C. The Supreme Court of New York decided on a case filed to lower the amount of child support in arrears that could be garnished from the appellant’s paycheck. A previous case brought by the respondent raised the appellant’s child support to 65% of his disposable income until the child support in arrears was paid in full. This is the maximum amount of disposable income that can be deducted for child support. This amount left the appellant unable to meet his own financial obligations by drastically reducing the amount of money left over after meeting his child support responsibility. The court found it was appropriate to lower the amount to only 40% of disposable income. Read more about the case here. Are your child support payments too high? If you owe monthly child support or back support and you’re getting so much money taken from your paycheck that you can’t make ends meet, a New York child support attorney can ask the court to lower the amount of money being garnished.