Change the way child support is paid


#1

Hi
My child support is now being paid to me directly from my Ex. I would like to get it to go through the court system or whomever it can be sent to so I have a system keeping track of what he owes me. What do I have to do to get this done. Can I do it without using my attorney? I am out of money to pay an attorny to change this for me.


#2

You may contact child support enforcement to have the support changed and paid through centralized collections.


#3

My ex is now taking me back to court to lower the child support and alimony he has to pay me. I can know longer afford a lawyer, can I represent myself. Anything you can tell me about my rights, because he changed jobs to a lower paying job. Without what he is giving me my son and I will lose our home.I am working 40 to 50 hours a week now. he is working 30 and living with a girl that has an established home that see isnt worried about being homeless.


#4

Yes you can represent yourself…it is called going “pro se”. FWIW, if he takes you to court, he may be liable to pay your attorney’s fees whether or not he wins or loses. NC Gen Statutes 50A-16.4 & 50‑13.6.

A couple of things to consider if you do decide to proceed pro se.

1.) Making the case that he has maliciously reduced his income to avoid paying child support and/or alimony. If you can prove this, that would work to your favor.

2.) If he is living rent free at his GF’s house, depending upon how long it has been and whether or not it’s been consistent (i.e. no rent paid consistently month after month for a while), then it could be considered income paid to him by the GF. There is ample NC case law for this. You’d have to prove it, which means that you’ll have to file motions of discovery for the production of financial documents on both him and the GF, which his attorney will most likely attempt to quash or avoid.


#5

Thank you for the information. Can you tell me where I could find out how to write up a motion of discovery. Also something that would explain what this means.


#6

I suggest you contact child support enforcement, they will assist you throughout the process.


#7

Athos … how can you differentiate between a gift and “income” if he’s living rent free? For instance, my parents help buy clothes for my daughters, give me spending money sometimes to take them places, pay for some of their school activity fees, etc. because their deadbeat father pays as little as HUMANLY POSSIBLE for child support. What would be the difference between what my parents do for me and his rent being considered “income” rather than a gift? (not on his side, GOD KNOWS … I’m just asking because I’m curious). :slight_smile:


#8

My suggestion to you would be to get an atty shop around becaue I went without an attorney thinking that DSS “child support” was suppost to work for me!? HA that was a joke…my ex lied on his income I told them flat out that he was lying they would not look into it and I got the short end of the stick… like i said your better off with an atty…


#9

ILoveMyCowboy…basically it works like this from the cases I’ve seen. If someone receives a regular payment, receives a regular bonus, or is given support via housing, a free car etc, on a regular basis, then it may be counted towards income. The key is that the payment/benefit must be a regularly reoccurring situation that monetarily benefits the recipient. So, not having to pay out rent may be seen as a payment to the recipient seeing as how most of us have to pay some form of rent or mortgage. There’s no guarantee that the courts will see it this way, but if you can provide proof that he’s not paying any amount anywhere for rent/mortgage, it could help you.

Look up Spicer v Spicer, I believe and at http://www.aoc.state.nc.us/www/public/coa/opinions/2006/060284-1.htm