Changes to Child Support


#1

My child support case is currently in Wilkes County, where my daughter and her mother lives. I used to live there but I have moved and I now live in Catawba County. Is there a way that I may be able to have the case moved to my county? Also, my daughters mother will not let my daughter come down on her visits every other weekend. She may only come down 3 times a year, once for her birthday, Christmas, and maybe once in the summer, depends on if she wants something, is there anything I can do about this, having child support stopped until she comes down, or is there a way for the courts to force her to keep her visits? Isn’t that a contempt of court order, can she can go to jail for failure to comply? Also, I just had a new baby this summer in June, how do I make a motion for change in child support to show the new baby since I must now support a new baby and can I make the motion in my current county where I live? Thanks in advance for the help!


#2

Venue is proper in Wilkes County as the mother and daughter are still living there, and most evidence related to the child would be found in Wilkes County. You should file a motion to have your ex held in contempt of court for refusing to comply with the visitation schedule, but you may not withhold support to attempt to gain compliance.

You may make a motion to modify child support, though the birth of a child in an of itself is not a substantial change in circumstances which is needed to modify support. You will need to show that 3 years have passed, or your income (or hers ) has increased or decreased by 15%.