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

Posted in Child Custody, Video | No Comments »

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

The New York State Office of Indigent Legal Services plays an important role in the Family Court system. Through this panel, low-income individuals in Family Court can be represented by experienced attorneys, even if they cannot afford it. Tens of thousands of people benefit from this service.

But the 18-B indigent defense program is in the midst of a crisis. Lawyers are opting to leave the program, which is now coping with a shortfall.

Nivin: It’s ‘exhausting and very, very difficult’

Law 360 recently wrote a story detailing the root cause of this deterioration. The position, funded by taxpayers, pays anywhere from $60-$75 an hour. That rate has not changed in more than fifteen years. It pales in comparison to the compensation federal panel attorneys on noncapital cases receive.

This limited pay rate has put many attorneys in a bind. They want to help, but they simply cannot afford it. Coupled with the increasing and often-complex workload, lawyers are simply pivoting elsewhere.

Joseph Nivin, of The Law Offices of Joseph H. Nivin, P.C., used to be an 18-B lawyer in Queens. He spoke to Law 360 about the issues facing the program, saying that while the trial experience is “great,” the job is often frustrating.

Nivin explained that the caseload often meant he did not have sufficient time for clients, and said it is “exhausting and very, very difficult to pay for an office and an assistant on $75 an hour.”

There is presently no way for the Family Court to provide representation to indigent litigants without the 18-B panel. State law requires New York City to pay for legal representation for people who can not. Leaders, however, will likely need to devise a solution if they want to slow down the ongoing attorney exodus.

Posted in Firm News | No Comments »

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.

Read the rest of this entry »

Tags: child custody lawyer queens, child custody nyc, child custody queens, family law attorney, family law blog, family law lawyer queens, family law new york, family law nyc
Posted in Child Custody, Child Support, Family Law, Video | No Comments »

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

Getting divorced is one of the most emotionally taxing and financially challenging decisions you can make. After spending decades building a life with someone, property division can be among the most contentious aspects of the process. If you cannot settle with your ex-spouse who gets what, a judge will decide, and that does not necessarily mean a 50-50 split.

New York is an equitable distribution state when it comes to dividing marital property – assets acquired during the marriage. Think real estate, vehicles, furniture and artwork along with bank accounts, stocks, retirement savings and pensions. Usually it does not include gifts or inheritances one spouse receives while married. Either way, the court has ample discretion when distributing marital property.

What the court will consider

Equitable does not always mean equal. Judges can award one spouse a greater share of marital property based on each spouse’s role and contributions to the marriage. That is where the nuance comes in.

The law has more than a dozen factors for a judge to consider when distributing property. Among them are:

• Length of the marriage, age and health of both spouses
• The spouse with custody of minor children and whether they still need the marital house
• Whether the spouses can divide liquidated real estate in cash or only after a sale
• Child support or alimony
• Each spouse’s potential earnings or financial conditions
• Loss of health insurance benefits

Another critical circumstance when a marriage ends is valuing each spouse’s professional growth or caretaking. A breadwinner can increase his or her wages by getting an advanced degree or certification. What is that worth? And how about a stay-at-home mom? Minding the children instead of paying for daycare might be considered a monetary contribution.

Navigating your case

Divorce will affect your financial future. Be smart in picking your battles during the process. Safeguarding your property is important to ensure you receive a fair share proportionate with the effort you put into the marriage. An experienced attorney can review your case, strategize and help you start over.

Posted in Asset Division | No Comments »

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

Posted in Family Law, Video | No Comments »

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

Posted in Family Law, Video | No Comments »

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

As a family divorce lawyer, people often ask me whether I’ve learned lessons about how to make marriage work.

They’re asking the wrong question. The decision to get divorced is personal and one that anybody can end up making. The more important question is: If you decide to split from your spouse, what will the divorce look like? Will it be financially and emotionally devastating? Or will you be able to move on, heartbroken, but otherwise intact, and capable of co-parenting your children with your ex? If you follow the lessons listed below, than you’re far more likely to fall into the second category.

1. Be a support, not a weight around your spouse’s ankles. The nastiest divorces involve custody battles. The last thing that you want is for your spouse to ask her attorney, “Why’s he interested in the kids all of a sudden?” Start being involved now.
2. You don’t have to defend every single point in every single argument. The only way to reduce fees in your divorce is to come to an agreement on as many issues as possible. If you fight over everything, then your divorce will be very expensive. If you pick your battles, than you will save both money and energy.
3. Just because it’s legal doesn’t mean it’s right. During hotly contested custody cases, clients often ask me, “Do I have the right to do X?” This often leads to the following response from me: “There’s no law on the books against it, but. . .” The client may listen, and save him or herself a lot of angst. Or the client may interrupt and say, “All I want to know is whether I have the right to. . .” That client isn’t doing him or herself any favors. Example: Don’t have your new significant other sleep in the same house as your children without talking to your ex first, just because it’s “legal.”
4. You can’t impose rules on children when you’re fighting with the other parent. Children can be raised with rules even when the parents don’t like each other. However, if the parents are constantly trying to undermine each other, then it’s impossible. No matter what, be on the same page when it comes to your expectations of your children. Make sure your kids know it.
5. Don’t screw around with the money. If you think you’re smart enough to hide money before your divorce, you can bet that your ex’s divorce attorney will be smarter. If you cry poverty, the Court won’t believe you, even when (not if) your crying becomes real. Example: It’s not a good idea to tell your boss to take you off the books just in time for your divorce.
6. If you’re self-employed, be Dudley-Do- Right. Every divorce attorney knows how to discredit a business owner’s self reported income. Make sure that everything paid out of your business account has a legitimate business purpose. Keep track of what you pay yourself, and report that “actual” personal income when you fill out court documents. Do the same on your tax returns, as they will be exchanged during your divorce.
7. If you think you might be getting divorced, do your taxes. If you’re in the middle of getting divorced, do your taxes. Your finances can’t be a mystery when you’re getting divorced. For self-employed people, see #6.
8. Don’t be underhanded with your children. You’re going to get caught. Even if you walk out of court thinking that you’ve proven me wrong, just wait. Karma is real. Don’t try to provoke your spouse to act crazy and then start recording. Don’t interrogate your children and record them making allegations. People who do these things never turn out well.
9. Both you and your spouse will always have influence when it comes to your children’s upbringing. The exceptions are extreme: if your spouse abandons the children, goes to prison for a long period of time, or is severely abusive or neglectful. Even the best lawyer can’t just “tell the judge” to send the kids to your family every year for Christmas. Neither you nor your ex will get to “call the shots.”
10. Put common sense before fairness. Yes, in a court of law, there should be fairness. However, when there is a choice between the two, than common sense takes priority. These issues arise when deciding who is responsible for picking up and dropping off children for exchanges between the parents. When making these arrangements, parents are well– advised to focus on what makes the most sense, and not insist upon sacrificing logic just to split the burden 50/50. Nobody can guarantee the future on their wedding day. However, if you’re getting divorced, then follow these simple rules. You’re much more likely to come out okay in the end.

Disclaimer: The suggestions in this article do not apply to cases where there is serious domestic violence, child abuse, serious neglect, or parental alienation.

Posted in Family Law | No Comments »

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

My office often gets calls where people ask (not an exact quote), “Every time I go to court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.”

You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children.

There are only two ways that cases can end: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement.

Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live.

Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common in cases where everybody knows who is getting custody for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case.

If you have a custody case, don’t hesitate to call our offices at (347) 642-0376, or to contact us on our website (www.nivinlaw.com), to schedule a free thirty-minute consultation. We 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 1220
Forest Hills, NY 11375

The Chanin Building
122 E. 42nd Street, Suite 2100
New York, NY 10168

Posted in Child Custody | No Comments »

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

“Why are they always talking about my ex’s visitation, but never about me getting custody?”

My office often gets calls where people ask (not an exact quote), “Every time I go to
court, they’re always talking about my ex’s visitation, but never about me getting custody. I want a new lawyer because they never talk about what I want. They always talk about what my ex wants.”

You might be surprised, but this is actually very good news for you. It usually means that everybody knows that you’re getting custody, and that the only issue to be decided is when your ex sees the children.

Child custody cases end in two ways: through an agreement or through a trial. When there is an agreement, the case ends because even though the family came to court for a judge to make a decision for them, they’re finally able to reach an agreement themselves. When there is a trial, that means that a judge needs to decide custody because the parents cannot come to an agreement.

Custody trials are very expensive, time-consuming, and emotionally draining. Therefore, most judges try to help the parents, with the help of their attorneys, to come to an agreement without the need for a trial. This is especially true where there is no real dispute about where the children will live.

Custody agreements not only include provisions about who has custody (Ironic, isn’t it?), but also how much visitation is given to the parent who doesn’t have custody. Therefore, it’s common, in cases where everybody knows who is getting custody, for courts to spend time focusing on the other parent’s visitation. The reason: That is the only issue standing in the way of an agreement that would end the case.

If you have a custody case, don’t hesitate to call our offices for a free 30 minute consultation. (347) 642-0376. We look forward to helping you.

Posted in Child Custody | No Comments »

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

How will I survive after divorce? What are child custody options? Who can I confidentially talk to about divorcing my spouse?

As a divorce attorney, these are questions our clients often ask. We understand the hardship and know the emotional toll a divorce can take on a couple and their children. Feelings of fear, sadness, anger and confusion are common.

If you’ve decided to begin the divorce process, then it’s time to get down to business. Information is power and a solid plan is key for a successful outcome. It’s important as an experienced divorce attorney or child custody lawyer to listen to each client’s personal situation, and then discuss a plan of action for divorce mediation or prepare documents for court.

Topics you can expect to discuss during your first appointment:

• Your rights and responsibilities
• Setting realistic expectations
• Divorce mediation as an option
• Finances and division of property and assets
• Family Court required documents
• Alimony (“maintenance” in New York)
• Child custody
• Child support payments
• Legal fees and how to save money during a divorce

Before your first appointment, be sure to have as much information as possible about your children and their needs, your home, financials, assets, debts and ongoing expenses. The more detail you can provide, the more productive our meeting will be.

Our experienced lawyers are compassionate and responsive, and will provide trusted representation. For more information, or to make an appointment, please contact us.

Posted in Divorce | No Comments »