Blog

by josephnivin What is included in an order of child support? Basic Child Support Basic child support is meant to provide for a child’s basic needs, including food, clothing, shelter, and school supplies. The amount of support is calculated via a formula based on the parents’ incomes and how many children there are. Some issues we encounter when determining the base of child support obligation: The Cap If the combined parental income is above the cap, which is $154,000 as of April of 2020, anything above the cap is based upon the needs of the child, which is determined by the child’s standard of living. What if the non-custodial parent is self-employed? Often a self-employed parent will not include some personal expenses they write off as business expenses when reporting their income. If the court finds the parent has failed to provide a credible account of their income, the court may actually base the entire order (not just the part of the order based upon income above the cap) on the needs of the child rather than the reported income of the parent. When might the court deviate from the formula? The formula may not always be applied to a T.  If one parent makes significantly more than the other parent, if the non-custodial parent has another child at home that he or she is also responsible for supporting, or if, for example, the non-custodial parent has high student loan payments but that education has enabled them to make a higher income, then the court may “deviate” from the formula, meaning that the court may issue an order of basic child support that is different from what the formula would call for. Unreimbursed Medical Expenses Each parent will be ordered to pay for any unreimbursed medical expenses, generally based upon each parent’s pro rata share of the combined income. This means that the parent who earns more will probably have to pay more of the unreimbursed medical expenses than the parent who earns less. Child Care The court has to order the non-custodial parent to contribute child care expenses if that child care is necessary to enable the custodial parent to work or go to school. Educational Expenses If your children attend private school, the court may or may not order the non-custodial parent to contribute to tuition. Also, the court may or may not order the parents to contribute to the child’s college expenses. In New York, child support generally continues until the child turns 21, but the parents may agree for child support to go until the child turns 22 if the child is still enrolled full-time in school. Child support might end before the child’s 21st birthday if the child is emancipated. Generally, that means the child is self-supporting; for example, if the child enlists in the military. Every case is unique. If you want more information about your case then please call my office and schedule a consultation. I look forward to helping you out. 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

by josephnivin If you are not receiving the child support awarded to you by a court, the first step to take is to use administrative remedies. Staying Out of Court Administrative remedies are actions you can take that don’t require you to go to court. For example, if the order is for direct pay (payments made directly to you via check, paypal, or any other method), you can apply for Child Support Enforcement Services. The state will help you collect your child support.  The following are actions that the Support Collection Unit can take to get the money to you: suspend your ex’s driver’s license suspend your ex’s recreational licenses garnish your ex’s paychecks freeze your ex’s bank accounts When Court Is the Only Option What if the above administrative remedies do not work? In that case, court is the only option. In most situations it will be Family Court. In some rare cases, your divorce judgment may require you to go to Supreme Court in order to enforce or modify any orders. What can Family Court do? In order for the court to act, you will need to prove that your ex has willfully violated the order of child support. That requires proof that there is an order in place for child support which has gone unpaid. Your ex will then have to prove that he or she could not comply with the order, which is hard to do. When You Win… Once you win in court, the court will issue a money judgment, which is an order saying that you’re entitled to get the child support money that is owed to you. In some cases, a money judgment may not work. For example, your ex may have no assets or may work off the books.  Maybe this isn’t the first time you’ve gone after your ex for back child support. In those cases, the court may actually send your ex to jail. If he or she is sent to jail, a purge amount, also known as an undertaking, will be set. This is like bail for child support; the court will determine a certain amount of money that must be paid towards the child support for your ex to get out of jail. Additionally, the court will order your ex to pay at least some of your counsel fees.  In most cases, assuming that your ex was found to have willfully violated the child support order, the court will order your ex to pay all of your counsel fees. Every case is different and every case is unique. If you are forced to go after your ex for child support, I encourage you to call my office at (347) 642-0376 and/or visit my website at www.nivinlaw.com. 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

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

by josephnivin To get an order of protection in family court, you will have to prove two things: subject matter jurisdiction and the commission of a family offense. To prove subject matter jurisdiction, you must prove to the court that either you are related to the person against whom you’re seeking an order of protection by blood or marriage, that you have a child in common, or that you were in an intimate relationship. Please note how the law interprets an intimate relationship — a common misconception is that an intimate relationship must be of a sexual nature. The law specifically says that the relationship does not have to be sexual in nature to qualify as an intimate relationship. However, an intimate relationship is not “ordinary fraternization,” which basically means someone that you see around town regularly. Once you’ve proven subject matter jurisdiction, the next thing to prove is that the other person committed a family offense. A family offense is a crime or violation, and the list of penal law violations that qualify as family offenses are listed in Family Court Act Section 812. The Case Will End with a Settlement or Trial Settlement: If the respondent (the person you’re seeking the order of protection against) agrees to an order of protection for a short amount of time (6-12 months for example), then settling the case can reduce their risk of being subject of a lengthier order of protection. This would also relieve you from having to prove your case at trial. Trial: If the respondent will not agree anything that you’re willing to accept, there will be a trial in which you will have to prove that there is subject matter jurisdiction and that the respondent committed a family offense. What Happens at Trial? You will testify. Your attorney will ask you questions about what happened and, if the respondent has an attorney, then they will ask you questions as well (i.e. cross-examination). If there are other witnesses, they will be questioned by both sides. Evidence will be presented. Evidence can come in the form of text messages, photographs, or anything else that helps prove your case. Once your case has been presented, the respondent’s case will be presented in the same manner as yours. With both sides presented to the court, the Court will determine whether or not you (a) proved subject matter jurisdiction and (b) that the respondent committed a family offense. What Happens After a Trial? If you win, the court can do two things: The court can issue an order of protection. Usually, the lengthiest order of protection that can be issued is two years. However, in the most severe cases, if there are aggravating circumstances, you could potentially get an order of protection for up to five years. The court can also suspend judgment, meaning certain orders can be issued against the respondent for a period of up to six months. If the respondent follows those orders, then the case is over. If the respondent does not follow the orders, then you can go back and ask for another order of protection. Additionally, in rare circumstances, the court can put the respondent on probation. If you get an order of protection, and it expires, then you can come to court and ask for an extension. The court will decide whether or not to grant it. Every case is different. If you have any questions about your particular order of protection case, please call my office at (347) 642-0376 or visit my website at www.nivinlaw.com. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220 Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168

by josephnivin Myth #1 – Divorce Attorneys Are Really Mean A former judge said it best when he told me that I will get further with honey than with vinegar in almost all cases. I, like any other reputable family law attorneys, am not habitually mean. We act in a professional manner to make sure that the families we serve conclude their cases with the best possible conclusions. Will we stand up for you if the other party is lying and/or trying to take advantage? Absolutely! But we will do so in a respectful and professional manner, and will not simply scream and yell. Myth #2 – Family Court Is Just Like Judge Judy You may envision high drama when thinking of family law cases. Do you see dirt thrown from either side of the courtroom, the judge yelling, and then making a decision? That is NOT an accurate picture of the way it works. There are two ways that a contested family law case can end. The first way is through a settlement, where the attorneys help you come up with an agreement about the issues. In this situation, it is you, rather than a judge, making these important decisions about your family’s future. The second way is through a trial. In a trial, both you and your soon-to-be-ex present evidence and witnesses, and then the judge makes a decision based upon what is presented in court. Fact: Trials Can Be Very Lengthy Trials can take a long time because there are many pieces to a trial and a lot of steps to take. Before many trials, there will be discovery, where both sides present documents to the other side. In this way, both sides are informed about the evidence in the case and the judge has the information that he or she needs to make these important decisions. Before a trial, conferences will be held. The conferences are held at court, where the attorneys will meet with the judge or an attorney that works for the judge, in an effort to settle the case. Do you have any questions about your family law case? Please call us at (347) 642-0376. Every case is unique. Give me details about your case so I can help you take the best course in your particular matter. Feel free to review my website for more information before or after we speak. I look forward to helping you. Joseph H. Nivin, Esq. The Law Offices of Joseph H. Nivin, P.C. (347) 642-0376 118-35 Queens Boulevard, Suite 1220 Forest Hills, NY 11375 The Chanin Building 122 E. 42nd Street, Suite 2100 New York, NY 10168