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:

1. Withhold federal tax refunds and Apply those funds to unpaid child support
2. Garnish wages from the payor’s paychecks
3. Seize property
4. Suspend an occupational license
5. Suspend a business license
6. Revoke the delinquent payor’s driver’s license
7. 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.

Posted in Child Support | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

If your marriage is about to end, here are five tips on what to do next and how to minimize the emotional and financial toll through the divorce process.

1. Ensure that your financials are manageable. If you share a joint account with fixed expenses of rent/mortgage, utilities, etc., it’s important to keep it funded so that payments can continue throughout the process. If you have separate bank accounts and your monthly expenses are paid out of one or more accounts, establish a steady and consistent system. If you were just laid off, don’t continue paying all of the expenses out of your account and watch the funds dwindle. Speak with your spouse about establishing a fair, sustainable plan. The Court is likely to order that your method of payment for monthly expenses be the same throughout the process. If the money runs out, you’ll end up paying your lawyers thousands of dollars to figure it out. It’s cheaper and more efficient to create a system on your own before going to court.
2. Get your financial records in order. Make a list of your assets, debts and expenses. If the divorce is contested, meaning that you’re unable to reach an agreement and the judge needs to make decisions, then you’ll need to produce discovery. The discovery process includes completing a critical document, called a statement of net worth. A general discovery list will include, but not limited to, three years of checking and saving bank statements plus credit card, brokerage, pension, 401K, mortgage, student loans and retirement statements. You’ll also need to provide copies of your title for automobiles.If you’re hurrying to obtain statement copies while in court, then the process can be more stressful, costly and lead to a less favorable outcome. If there is a deposition (a day when your spouse’s attorney asks you questions), be prepared to provide very detailed information about your answers on statement of net worth. Of course, an experienced attorney can prepare for the deposition, but the preparation will be much easier if your finances are organized well in advance.
3. If you’re self-employed, make sure that your reported income makes sense. Many self-employed people have complicated stories about what they make. Example: “I drive a luxury car and my rent is $3,000 per month, but I only make $20,000 per year. My luxury car depreciates and I write off my rent as a business expense. “If the judge needs to do mental somersaults to make sense out of your income, then your account will likely not be deemed credible. As a result, your income is likely to be disregarded when orders of support are issued. Total your fixed monthly personal expenses (rent, utilities, car payments, etc.) and pay yourself a salary that allows you to pay your personal expenses without writing them off as business expenses.
4. Make your life as simple as possible. This is not the time for a new relationship or starting a business venture. If you do, it can cost more to pay a lawyer by the hour to fight for you, because there will be more ways For problems to arise with your spouse. Keep your life as boring as possible until you settle your divorce.

• Don’t do stupid stuff. This sounds simple, but when people are really, angry and nervous, they tend to violate this simple principle.
  –Don’t make false allegations about your soon-to-be ex, no matter how many times he or she threatens to take the kids away, leave you with no money, etc.
  –Don’t ask your boss to remove you from the books because you’re about to get a divorce.
  –Don’t hide your assets. If you think you’re being sneaky, you’ll regret it in the long run.
  –Divorce is difficult, but an experienced attorney can provide sound advice to give you the best outcome.

Posted in Divorce | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C.

Your next steps to fighting an “Indicated” report from Child Protective Services are critical. Child protective services investigations are frightening and humiliating. It adds insult to injury when, after an investigation, you get a letter saying that the report was “indicated.” This means that child protective services, whether it was the Administration for Children’s Services (ACS) in New York City, or the Department of Social Services in another county, found “some credible evidence” that you abused or neglected a child in your care. To make an “indicated” finding, the caseworker does not even have to find that the abuse or neglect probably happened, only that there was “some credible evidence” that it did.

Even with this low standard, the consequences are high. The report will remain on file with the New York State Office of Children and Family Services (OCFS) until the youngest child in the report turns twenty-eight (28) years old. If you apply for a job in the child care field (teacher, teacher’s aide, paraprofessional, day care worker), or to become a foster or adoptive parent, then the “indicated” report will hurt your application. If you are engaged in custody litigation, there is a good chance that the other party will find out, and that he or she will use it against you in court.

You can fight the report. You have ninety (90) days to request that the report be amended to “unfounded,” meaning that there is no credible evidence of abuse or neglect. That request must be made in writing. Your letter must include your name, address, and the case number, which can be found on the letter that you received from the agency. The letter should state that you were the subject of the indicated report, and request that the report be amended to unfounded, or in the alternative, that it be referred to the Bureau of Special Hearings. You will send it to the Office of Children and Family Services, PO Box 4480, Albany, NY 12204.

Everybody requesting that amendment has to sign the letter. Therefore, if report was indicated against you and your spouse, you and your significant other, you and your parent(s), etc., then all of you need to sign the letter seeking an amendment. In the meantime, get into services. What this means is that you need to address whatever alleged behavior led to the “indicated” finding. It is not an admission of guilt. If the allegations were of excessive corporal punishment, then take parenting skills and anger management classes. If you were accused of drug or alcohol abuse, then get into a

treatment program. If the allegation was of mental illness, then get into mental health treatment. Make sure to give your treatment your best effort, get good reports from your providers, and keep those reports in a safe place.

You will get a response from the State. In most cases, the letter will state that the Office of Children and Family Services decided to uphold the indicated report, and that the report was reasonably related to an application to become a foster or adoptive parent or to employment in the child care field. That means that the State decided to keep everything the same. Your case will be sent to the Bureau of Special Hearings, where you can continue to fight the report.

You will then get a letter from the State telling you the date, time, and location of your first appearance. As the letter will state, the first appearance will be for a conference only, which is a nice way of saying, “Nothing will really happen.” While the letter will tell you that you will find out who the agency’s witnesses will be, and what evidence it will present, at the hearing, you should not count on that actually happening.

At the conference, you will receive the case record, which contains detailed notes about everything that the agency did during its investigation. The record will include the reason why the agency concluded the investigation as indicated. You will also meet the judge and the agency attorney. You will get a new date for a hearing.

At this point, the reports from your service providers will be important. You should send copies to the agency attorney, which may, or may not, convince the agency to agree to unfound the report without a hearing.

If the agency decides not to agree to unfound the report, then you will have a hearing. It will be important to get updated reports from your service providers beforehand.

The hearing is very informal. The case record will go into evidence. The agency will usually call the caseworker as a witness, who will testify to his or her investigation. You (or your attorney) will get to cross-examine the caseworker. Hearsay is admissible, meaning that the caseworker can testify to what other people said. In some cases, the agency will call more than one witness. The agency may also submit documents, photographs, etc. into evidence.

After the agency presents its case, then you will get to present your own. At this stage, you will present evidence to show that the allegations were not true. You will testify, meaning that either you will simply state your side of the story, or if you have an attorney, he or she will ask you questions about what happened.

After you present your side of the story, the agency attorney will get to ask you questions, designed to show either that what you are saying is untrue, or that there is more to your story than what you presented.

You can also present documents, photographs, etc. that support your side of the story. If you want, you can also call other witnesses, who the agency attorney will also get to cross-examine.

After you present your case, the judge will ask whether you want to present anything with respect to “R & R.” That stands for “reasonably related,” and means, “Let’s say that I find that you did the things that the agency says you did. Why shouldn’t it hurt you if you want to become a foster or adoptive parent, or get a job in the child care field?” You should present updated reports from your providers. You can tell the Court about what led to the allegations (a toxic relationship, death/illness in the family, mental or physical health issues), what changed, your remorse, what you’ve learned from the service providers, etc.

You will then get a letter in the mail, stating whether the judge decided to overturn the report and make it unfounded, or whether to keep the report as indicated. If the report remains indicated, and you wish to challenge it, you will have to file for an Article 78 hearing. You will need an attorney for this.

If you win the hearing, and the report is unfounded, then you are in good shape. If you apply for a job in the child care field, or to become a foster or adoptive parent, then the employer or the foster care/adoption agency will not find out about the report. Also, if you have a custody case in Family or Supreme Court, then the report should not be considered. (However, your ex can still testify to his or her version of events, even if they overlapped with CPS’ findings. Your ex simply cannot use the fact that the agency indicated the report based upon those events.)

If the judge finds that the allegations in the report were true, but that they were not reasonably related to becoming a foster or adoptive parent or getting a job in the child care field (in other words, but you’re better now), then that has the same effect as if the judge found that the report was not true. In other words, while it would be more of a moral victory if the judge found that the report was based upon lives, your life will be exactly the same if the judge instead finds that you did what you had to do to become a better person.

An attorney who is familiar with OCFS fair hearings can help you if you end up on the wrong side of a CPS investigation. The Law Offices of Joseph H. Nivin, P.C. has significant experience representing people in fair hearings challenging indicated reports. Call (347) 642-0376 for a consultation at a reasonable rate.

Posted in Family Law | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Divorce Mediation allows separating and divorcing couples to meet in a less-stressful environment than a courtroom. A mediator is a trained and neutral party who will guide you and your soon-to-be ex through the process of reaching a fair agreement. Mediation is a smart plan helping couples to avoid the emotional toll and financial burden of divorce litigation, which is far more expensive and time-consuming than mediation.

Mediation helps couples to take control of planning their new lives. A mediator will facilitate the meetings, provide information about the legal system when requested, and help the couple to explore potential resolutions.

Although divorce can be an emotional and difficult time, mediation has shown historically to work and save couples time and money. For complicated cases, outside experts such as accountants, appraisers, financial planners may be consulted.

Before and during the mediation process, you have the right to consult with independent legal counsel. Both parties will meet with the mediator and after an agreement has been reached, the mediator will draft a Memorandum of Understanding.  A drafting attorney will prepare the final documents for signature by a judge.

If you’re looking for a more peaceful and civil way to divorce, than mediation should be strongly considered.

Posted in Divorce | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

As a family law attorney, I represent people facing child protective services investigations, and often receive calls from people asking what they should do when a caseworker knocks on the door. Here are answers to the most 5 common questions about child protective services and how you can get prepared.

Question 1: Do I have to let them in?

The answer is, “no, but….” If you do not allow the caseworker into the home, then he or she is likely to go to court and get an order that you do so. The caseworker will have to show that “there is probable cause to believe that an abused or neglected child may be found on the premises.” It will be enough if the caseworker shows the judge that: (1) someone called in a report, (2) the caseworker was denied access to the home, and (3) the caseworker advised you that you might seek a court order to gain access to the home without further notice to you. Once the caseworker gets an order that you let him or her into your home, then yes, you have to listen to the judge.

As a result, it is generally advisable that you allow them into your home before they go to court and get an order. After all, if you refuse them entry, and they get a court order, then they’ll be in your home anyway. The only difference will be that they’ll be more hostile, and more suspicious of you.

Question 2: What do I do when they’re in my home?

Be as polite as possible. The instinct may be there to be rude. After all, you’re likely thinking, “Who is this person to question how I take care of my children?” It’s critical that you resist that temptation, or else you’ll make the whole experience more difficult than it has to be. After all, by doing the investigation, the caseworker is only following the law. They have to do an investigation whenever somebody calls the State and makes allegations of abuse or neglect, even when those allegations turn out to be false. If you let the agency do what the law says that it must do, than they are more likely to get in and out of your life with as little stress as possible. You should allow them to look at the conditions of your home and talk to your children outside of your presence.

Question 3: What happens if I have a criminal case related to the investigation? 

Don’t talk about the allegations with the caseworker. Everything that you say to the caseworker can be used against you in Criminal Court, and you are under no obligation to put your liberty at risk. Similarly, if there was a real incident that led to the investigation, talk to a lawyer before you say anything to the caseworker.

Question 4: What do I do next if I’m talking with Services?

If you’re in drug treatment or individual therapy, then get favorable letters from your counselor or therapist if possible. If the agency wants you to attend a conference, then go, and ask to appear by telephone if you have to be at work. If they offer you services, then accept them if possible. They’ll be out of your life more quickly if they see that you’re doing everything possible to take care of whatever conditions brought them into your life.

Question 5: How Long does the process take?

At the end of the investigation, about 60 days after the first contact, you will get a letter saying that the case was either indicated or unfounded. If the case was unfounded, that means the caseworker found no credible evidence of abuse or neglect. Congratulations, you have survived the ordeal and come out clean. If the case was indicated, then that means that the caseworker found some credible evidence of abuse or neglect. If you get that letter, then you will need to call an attorney ASAP to challenge the finding. The time is limited, so start calling attorneys that day. Just remember, this too shall pass. With that said, you do have rights.

Posted in Family Law | No Comments »

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.

Posted in Child Support | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Here are 10 tips from a family law and divorce attorney on how to save money and reduce your legal fees during a divorce, child custody or alimony case.

1. Get Organized
   Preparation is key when trying to reduce legal fees. Organize your thoughts and documents and you’ll save time and money. If you don’t than you’ll pay your lawyer or someone else to do it.
2. What You’ll Need
   Be prepared to give your lawyer tax returns, pay stubs, 1099’s, credit card statements and bank account records. Write down your questions and be brief when speaking with your lawyer so you keep the clock from running overtime.
3. Keep Your Cool
   Minimize the amount of acrimony, which simply means to keep your anger, bitterness, harsh words and feelings outside the case. Although emotions can run high, it’s best to keep calm and focus on the outcome you want!
4. Stay Put
   In child custody cases, it’s important to maintain a steady home and financial life that shows the courts that you are stable. Try to avoid moving your residence unless it is absolutely necessary.
5. Appearances Matter
   During a divorce, child custody or other family law case, it’s important to show the court that your home is safe and those around you care about your children. To prevent allegations against you, it’s recommended not to start a new relationship that may interfere with your case. By maintaining a good appearance, you’ll have fewer issues to litigate. Allegations can be made against you if a new girlfriend or boyfriend is presented as a bad influence on your children.
6. Keep It Simple
   In child support or spousal support/maintenance cases, it’s recommended that you keep your financial condition as simple as possible. Numerous businesses, partners, assets and excessive personal expenses that are inconsistent with your income will not reflect positively on your case.
7. Financial Transparency
   For a period of time, your life will be an open book. Hiding financial documents is not an option. Make sure your bank accounts show enough income to pay your expenses and that those expenses are paid directly from your personal checking account. Tax returns should reflect a declared income that is consistent with your lifestyle.
8. Time = Savings
   If you want to save on legal fees, respond to your lawyer quickly and efficiently with the documents being requested. Email is a good way to communicate. Be brief, use one string of emails, list your questions and answers and attach necessary documents.
9. Support Staff
   During the case, if you have a question or need more information, call or email your attorney’s office staff or paralegal. They will reply more quickly and you will be billed at a lower rate. Be sure to make appointments in advance so the staff can prepare your documents for the meeting with your attorney.
10. Be a Team Player
    You’re not in this alone. Communicating with your lawyer will be of great value when it comes to getting the information you need to make decisions about your future. Your family law attorney is on your side and the more you work together, the better results you’ll have.

Posted in Divorce | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

An immigration lawyer explains two important steps necessary for a U.S. permanent resident card. Learn about the required I-130 form, legal terms, fees and how long the process will take.

Step 1: In order to obtain U.S. residency for you or a family member you will need to complete and file Form I-130. This form is also called a Petition for Alien Relative with U.S. Citizenship and Immigration Services (USCIS). Once completed, it will start the process to apply for a green card and ultimately receive a family-based U.S. permanent residency.

The person making the request for an alien relative to come to the U.S is called a petitioner or sponsor. He or she can be a U.S. citizen or lawful permanent resident (green card holder.) A sponsor can petition for his or her children, spouses or siblings (the “beneficiary”).

• Purpose: The main purpose of Form I-130 is to verify the existence of a valid family relationship between the petitioner/sponsor and the beneficiary.
• Fee: The filing fee for Form I-130 is $535.00.
• Timeline: The time to process the Form I-130 Petition varies significantly depending on the relationship between the petitioner/sponsor and the beneficiary. The timing will also depend upon the workload of the USCIS office and the amount of forms being processed.

Step 2: Although at first glance the Form I-130 appears to be basic, it is not. In addition to providing biographical information known only by the petitioner/sponsor and the beneficiary, the Form I-130 also requires specific support documentation.

Hiring an immigration lawyer will help make your life easier in the long run by walking you through the process, share how the system works, track your green card status and explain the important language and support documents needed for a successful outcome.

Posted in Immigration Law | No Comments »

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.

Posted in Child Support | No Comments »

On Behalf of The Law Offices of Joseph H. Nivin, P.C. 

Guardianship for an incapacitated adult allows the person caring for the adult to make all decisions including medical, living accommodations and financial responsibilities. A family law attorney can assist a Guardian or conservator who are both appointed by a judge.

A Conservator is different than a Guardian as they are appointed to only make decisions about money and investments.

To begin the process of legal guardianship or conservator, a family lawyer will explain the process and begin the important step of filing a petition with the court.

Posted in Family Law | No Comments »