Amending child support


#1

Dear spillan:

Greetings. Step one is to refile a Motion to Modify. Have you deviated from the guidelines in the order?

I cannot, and will not, comment on any judge, as I have immense respect for them and their position. Please do not ask me to do so. If you wonder about a particular judge’s time on the bench, you can usually ask the clerk of court’s office. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

thank you for the response. Can you address the grounds for filing motion to modify. Is a change in cost of healthcare for children grounds. My original order did deviate from the tables, however I was not aware at time. After my divorce, I started research and it is clear that I am overpaying by approx 700 month W/ bonus. They added my bonus in the original calc, used table for sole custody and still gave 25% of bonus. I uderstand you cannot give opinion on Judge as this is public site, just provided for information on situation.

James Spillane


#3

Dear spillan:

Greetings again. Yes, a change in the numbers can be a reason to modify child support, if the change is a substantial change in circumstances. Are you paying more than 40% of your overall gross income(using a yearly number including all bonuses and other sources of income, such as interest)?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I am trying to reduce my child support. I tried 1x before with Judge William Constangy, however was unsuccessful. Current agreement gives her 1400/month plus 25% bunus. Last yeat total was 23K. Agreement includes 1040 in daycare, however kids were never in daycare. She cried and the Judge declared no reduction. Problem started at beginning. I was advised that was fair, however my attorney let her attorney calculate and used sole custody table. I have over 149 days.
Question: How can I get the judge to recalculate? Agreement will be 3 years old on 11/05. This year my health care goes up over 100 month. Can I use that as grounds? If a file papers, can I not pay bonus money which gets paid in March until court date. Last time it took over 14 months to see Judge. Any chance Judge Constangy is retiring? Any way to change Judges? Thank you

James Spillane