David I. Bliven Attorney

First Admitted: 1998, New York

Professional Webpage: https://www.blivenlaw.net/attorney-profile/david-bliven-esq/

Bar/Professional Activity:

Westchester Bar Association, Family Law Section
American Academy of Certified Financial Litigators, 2018
New York, 1998
New York State Bar Association, Family Law Committee

Verdicts/Settlements (Case Results):

Isichenko v Isichenko, 161 A.D.3d 833, 75 N.Y.S.3d 530 (2d Dept 2018) - reversed trial court and ordering a trial on the issue of downward modification of maintenance in a high income & high net worth case - it should be noted that the parties had a CAMP conference at the appellate court in which a prominent retired Justice from the Appellate Division advised mr Bliven & his client that they had "almost no chance to win" - yet Mr Bliven still won the appeal on behalf of his client!
, 2018
Harrison v McClellan, 151 A.D.3d 723, 53 N.Y.S.3d 548 (2d Dept 2017). Won custody for my client. Appellate court upheld trial court decision, stating: Sound and substantial basis in record supports Family Court’s finding that it was in best interests of child to transfer physical custody of child to father. Where modification of existing custody arrangement is sought, petitioner must make a showing of change in circumstances such that modification necessary to protect best interests of child. The best interests of child are determined by a review of totality of the circumstances. , 2017
Matter of Nevaeh R. (Veronica B.—Rueben M.)139 A.D.3d 602, 32 N.Y.S.3d 154 (1st Dept 2016) (upheld trial court; putative father failed to establish requisite relationship with child so as to thwart proposed adoption), 2016
Backhaus v. Backhaus, 128 A.D.3d 872, 9 N.Y.S.3d 618 (2d Dept 2015) (reversed trial court; held plaintiff provided reasonable excuse for his failure to oppose the defendant's motion; he also proffered a potentially meritorious opposition to the motion, namely that, in light of certain proceedings conducted in the Family Court concerning the same subject, the defendant's claim for child support arrears may be precluded by the doctrine of res judicata), 2015
Ito v. Ito, 73 A.D.3d 983, 900 N.Y.S.2d 665 (2d Dept. 2010) (reversed trial court; defendant's default not wilfull), 2010
Matter of Delehia J., 93 A.D.3d 668, 939 N.Y.S.2d 570 (2d Dept 2012) (holding that trial court erred in entering into evidence a Child Protective Services intake report of the Office of Child and Family Services with the identity of the reporter having been redacted), 2012
Scott v. Scott, 62 A.D.3d 714, 879 N.Y.S.2d 488 (2d Dept 2009) (reversed trial court; held that the Support Magistrate abused her discretion in twice denying the request of the father's newly-assigned counsel for an adjournment. Counsel needed an opportunity to confer with his client before he testified, investigate service of the judgment of divorce, and secure medical evidence in support of the father's defense that he was disabled and thus unable to pay support. Accordingly, the father was denied his right to counsel and a new hearing must be held and a new determination made), 2009
Barnette v. Blair, 57 A.D.3d 893, 870 N.Y.S.2d 409 (2d Dept 2008) (reversed trial court; contempt proceeding should have been dismissed where M relocated 39.9 miles yet prior order prohibited her from moving beyond 40-mile radius), 2008
Khan v. Dolly, 6 A.D.3d 437, 774 N.Y.S.2d 365 (2d Dept. 2004) (trial court reversed; held error as a matter of law to make a custody order based upon controverted allegations without full hearing), 2004
Laland v. Edmond, 13 A.D.3d 451, 785 N.Y.S.2d 718 (2d Dept. 2004) (upheld trial court; fact that trial court omitted written finding that violation impeded, impaired or prejudiced the rights of the respondent is mere irregularity which may be corrected on appeal), 2004
Matter of Cory M., 307 A.D.2d 1035, 763 N.Y.S.2d 771 (2d Dept 2003) (reversed trial court; parent always has right to 1028 hearing so long as same is invoked prior to an adjudication of abuse or neglect), 2003

Videos:

AV Rating - Martindale Hubbell, 2017
Bliven Youtube Intro, 2014
What is spousal support? Is it the same as alimony?, 2014
Can you keep your health insurance if you get legally separated?, 2014
Super Lawyers Recognition Video, 2017
How does an annulment affect custody and child support?, 2014
How do I file for divorce?, 2014
Would our marriage be valid if his divorce is not finalized?, 2014
Commerical, 2014
Who can serve divorce papers?, 2014

Special Licenses/Certifications:

Certified Financial Litigator - awarded by the American Academy of Certified Financial Litigators. The multi-session course culminantes in a rgiorous examinaiton. The course itself covers topics such as understanding tax returns, understanding financial statements & business tax returns, determining income for support purposes, accounting for lawyers, investment types, business valuation and tax considerations.
, 2018
Attorneys for Children Panel, Westchester Co. (previously was on Law Guardian panel in Queens Co. from 2000-2005)., 2008

Pro bono/Community Service:

Participant, Law Day community forum on Divorce & Family Law, Bronx Supreme Court., 2014

Honors/Awards:

Cum Laude, New York Law School, 1997
Highest possible rating in both Legal Ability & Ethical Standards, AV Peer Review Rating, Martindale-Hubbell, 2014
Top Contributor, Avvo, 2013
Super Lawyers Listing
10.0 out of 10.0 rating, Superb Rating, Avvo, 2014
Ranked within the Top 15% of his Class, New York Law School
Client's Choice, Avvo, 2013

Educational Background:

Syracuse University, B.A., with Honors, in Sociology, 1993

Scholarly Lectures/Writings:

More than 90% of divorce cases end in settlements – indeed, in this author’s experience, the percentage can range as high as 95-98%.Furthermore, given the vastly increasing costs of divorce litigation, more people are executing prenuptial agreements than ever before. Indeed, one survey found the numbers increased from a mere 3% in 2010 to roughly 15% just 12 years later.Likewise, an increasing percentage of people are opting to resolve their divorce & custody disputes via mediation – as opposed to costly litigation.That said, there are very few books out there which give people the nuts-and-bolts of how to choose. What’s involved in a prenuptial agreement? Why should I choose mediation versus litigation? And what do those terms ever mean?Those questions – and similar ones – from potential clients are the reason I’m writing this book. This book is NOT a “do-it-yourself” guide. I still strongly recommends you retain an attorney to draft your prenuptial, separation or divorce agreement for you. At the least, if you choose to draft one yourself – or obtain one off the internet – you should consult a good matrimonial attorney, who can review what you drafted & advise you of its legality as well as items you may have missed. But ultimately, if the items you’re addressing are worth preserving – kids, property and assets – then it’s also worth retaining an attorney to make sure it’s done right.Additionally, at the end of this book is an addendum of worthy issues & questions you should consider in preparation for the agreement process. The questionnaire is NOT an exhaustive list – indeed, when I review this with potential clients or clients, I often deviate from this list. But it’s a good starting point – completing it before you meet with the attorney will allow you to “hit the ground running” & will allow you to save time & money., Author, Navigating Your New York Divorce Agreement Case, Amazon, 2024
While many couples who divorce never have to return to court, for others the divorce judgment is just the beginning of numerous trips back to court.Indeed, one estimate has it that nearly $10 billion in child support is owed to custodial parents nationwide – and less than half of child support orders are actually followed. Likewise, though statistics vary from state to state and year-to-year, nearly half of orders of protection are violated.And these are just two types of orders stemming from a Divorce case which can be modified or violated – the others include property/asset distributions, alimony/maintenance awards and custody/parental access orders. Similarly, one can be issued most of these orders in a Family Court case – in such instance orders are generally enforced or modified in the court of issuance.This book will address general information regarding modification and enforcement of New York family law orders. This should neither be considered either an all-encompassing treatise, nor take the place of advice given by an attorney in the field. Indeed, if you find yourself the recipient of an application to modify or enforce a prior family law order – or you’re seeking to file one yourself – you shouldn’t hesitate to contact an attorney to set-up a consultation. Many Family Law attorneys will give free or low-cost consultations – with the proviso that one gets what one pays for.As with my other books, I must also caution the reader against consulting with – or retaining – an attorney who doesn’t specialize in Family Law. A “jack of all trades is a master of none.” And when you have an important Family Law case, it’s generally better to rely on a “master.”Finally, if you’re seeking to enforce an order, bear in mind the Judge may order your ex-spouse or the other parent to pay the fees your attorney would otherwise assess to you – so don’t hesitate to retain good, competent counsel for your case., Author, Navigating Your New York Post-Divorce Case, Speakeasy Publishing, 2022
This book will discuss how divorcing is different for the high income or high net worth individual. And I cannot stress enough – especially if you are high net worth or high income, you must consult an experienced divorce attorney at the earliest signs of trouble in your marriage. If you’re the monied-spouse, you may be advised to get a post-nuptial agreement done. If you’re the less-monied spouse, there may be things you can do to better leverage yourself for custody, or a higher award of alimony, support or assets.And while this book will highlight issues to keep in mind, it will never take the place of an individualized consultation with an attorney. Every case is different – and the advice received must be different as well.Nevertheless, I hope this book informs you so as to aid your attorney in planning out strategy. Knowledge is indeed power – and more importantly (as my alma mater’s motto is) “knowledge crowns those who use it.”, Author, Navigating Your New York High Net Worth Divorce Case, Speakeasy Publishing, 2020
his book will focus on the cases taking up nearly 80% of the Family Court’s docket - paternity, child support, custody/visitation and family offense cases (along with a short chapter on stepparent adoptions). This is not to say the remaining cases (principally child abuse & neglect as well as juvenile delinquency) are insignificant. Indeed, arguably the stakes are even higher in child abuse and juvenile delinquency cases than in “mere” child support cases. Nevertheless, the point of this book is to assist Family Court litigants in navigating their cases – and in assisting his/her attorney in representing him/her. One could even theoretically represent oneself in Family Court cases (though one should be extremely wary in doing so) - but one should almost never represent oneself in a child abuse or neglect case, for instance.As such, while there are many resources out there to assist such litigants , one should rely heavily upon the advice given by his/her attorney in such matters. The issues involved in child abuse and juvenile delinquency cases are quite distinct and could thus be books unto themselves. Furthermore, while this book focuses on Family Court litigation, most of the issues dealt with here are transferrable to divorce litigation. Readers are referred to my first book – “Navigating Your New York Divorce Case” – for my treatment of divorce litigation. Likewise, there are particular issues involved in high net worth or high-income cases which will be the subject of my forthcoming book – “Navigating Your High Income Family Law Case.” Nevertheless, my hope is that readers will use this book as a tool to understand the process they’re going through and to use the newfound knowledge to empower their attorneys to present the case in a more efficient and impactful manner. , Author, Navigating Your New York Family Court Case, Speakeasy Publishing, 2019
Book published in 2018 as an introductory guide to assist litigants and potential litigants in sifting their way thru a New York Divorce case., Navigating Your New York Divorce case, Speakeasy Publishing, 2018
A synopsis geared towards legal practitioners handling a child abuse case involving shaken baby syndrome., Trying a Shaken Baby Syndrome Case, Nolo.com, 2018
Article which calls the appellate courts to clarify the new modification statute for child support cases. As argued, the 3 bases for modification should be seen as stand-alone factors - if one satisfies just 1 of the factors, one should receive a de novo hearing., Raab v Raab: A Call for Clarification of Child Support Modification, Westchester Lawyer Magazine, 2018
David Bliven addresses some deficiencies he's come across in reviewing separation or settlement agreements done in divorce cases, and recommends various clauses practitioners may implement in their own practices., Best Practices in Drafting Divorce Settlement Agreements, New York Law Journal, 2017

Firm News (Newsletters):

These are articles published in my monthly newsletter, distributed to prospective divorce & family law litigants.
, Newsletter Articles

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