C.S. modification grounds/procedures


#1

Dear ncmommy:

Greetings. It is unlikely that the court will decrease your child support during this time. I would suggest that you get an agreement with your ex to decrease your child support and pay it back over time when you go back to work. You can try to modify it, but I would wait for the two months until right after you have the baby to try to modify the child support with the court, since your new child would be taken into account.

Also, you would have to get a copy of the court order from your attorney or the court, as he is not obligated to send you a copy upon request. According to the rules of civil procedure, you were supposed to get a copy of the order, but you are not going to gain any ground worrying about him providing you an order. Thank you.

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

My ex-husband was awarded custody of our 5-year-old daughter in December. Although I gross only $20K/year and he grosses $35K, I was ordered to pay just over $300/mo to him in CS. I have now remarried and am expecting a baby in two months. I intend to leave my job within 1 month, as I have a 45-minute commute each way and feel it unsafe to continue that travel far near my due date. I will also take about 8-12 weeks off after the baby is born. I do plan to return to work, but will need to look for something closer to my residence. What are my chances of having my child support reduced during maternity leave, as I will have no income? And what procedures should I follow to have this done? Also, on a separate note, I have still not received a copy of the court order (set in January) from my attorney. I know he has a copy, and I have attempted contact with him numerous times to have him send it to me, as his office is an hour away from me, but still have not received it. Is he required by law to provide me with this, and where/how can I get a copy now?