Changing the support payment amount?


#1

Does the current child support order go through the state? If it does, you can conatct your caseworker and he/she can help determine if you can file for an increase. If you have not filed through the state, you will need to do so and they will set an appropriate amount based on yours and his income. I would suggest your friend contact the child support office in the county where his child resides to get the information he requires.


#2

It is through North Carolina Child Support Enforcement, which is where he sends his payments and they are then direct deposit to my account, but I’ve never recieved any information about having a case worker. Every time I’ve called for information, they’ve been very rhude to me and told me to call Raleigh. When I call Raleigh, they tell me to call Charlotte. I just keep getting the run-around.

When I check the website for my case information, it says to contact the clerk of court, but they don’t tell me anything and seemed annoyed that I’ve called.

Also, should they keep me informed when my ex has to go to court over not making a payment? He’s been to court twice, but they never give me any information as to what is going on or that he is scheduled to go to court.

One more question, our divorce, custody and everything was done in Charlotte. My ex now lives in Salisbury and he said he is going to go to court to get unsupervised visitation (he currently has supervised visits every other Saturday, with no overnights) and that he is going to make me go to court in Salisbury. He said he spoke to a lawyer who told him that there was a paper not filed in our case and because of that, he can make me go to court in Salisbury. Is that true??


#3

You should have a caseworker. Call your local office and ask who is in charge of your case. For me, it was the lady I sat down with and turned in my paperwork to. I deal with the office in Orange County, I have had nothing but a positive relationship with everyone there. The website will list when there is a scheduled court date. It is in green type on your main page. If you cannot find it there, there is a tab for appiontments on the left menu. Even if you don’t get it from online, you should recieve a letter whenever there is a hearing. Make sure your address and contact information is correct with the child support office.

As far as court in Salisbury, I don’t know. It depends on what “paper” wasn’t filed. Usually anything involving the children is filed in their cournty of residence.

What I would suggest, is to make an appointment at the Child Support office in your county. Sit down, talk to them. If they seem rude, I apologize, but don’t let your frustration prevent you from getting the answers you need. You are more likely going to be able to get answers face to face.


#4

Thanks. I didn’t deal with anyone at the child support agency. My lawyer from Legal Aid did everyhting. I never recieved any information about a caseworker & as far as the support goes, I’ve only recieved a copy of the court order stating what he is to pay. When I had the restraining order, I recieved phonecalls alerting me whenever he was arrested or when he would be released. But, I recieve nothing as far as child support info. I have checked the website many times and it only tell me the payment history and for all other info to call the clerk of court, but I have called the clerk of court several times, and I am treated badly and told to call Raleigh. Which I do, and am instructed to call the clerk of court again. I just don’t understand. I guess I will keep calling. I found the number for the agency on the website. Maybe I should try that number instead of the clerk.
Thanks


#5

It sounds like Legal Aid and not child support enforcement established your child support amount. It appears that CSE is simply collecting your payments and enforcing the order as written. In order to get them to change it, you will need to fill out an application with CSE. The application can be found online and should be directed to the county where you live. If it has been less than three years since your last child support order, they may not pursue a modification at this time. If that is the case you have three options: go back to legal aid and see if they can help you pursue a modification, pursue a modification while representing yourself, or retain an attorney to help you increase child support.

Based on the facts you set out below, it appears you would be entitled to a modification of child support based on the guidelines.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#6

Thank you. I will see if Legal Aid will help me again. Although at the time, I was told the only reason the helped me in the first place was because I had a restraining order for DV. I didn’t feel that did as much as they should have for me. But, is that typical with Legal Aid? I thought maybe since they were helping me for free, that they didn’t work as hard as a paid lawyer would. But, maybe I’m wrong.

It has been two years since the order was put in place. For the first year we were separted, I didn’t even ask for support. He was homeless, so I know I wouldn’t have gotten it, anyway. I am tired of giving him so many breaks. It’s time he helps support his children.


#7

You can seek the assistance of Child Support Enforcement, they are different than legal aid. You can review their website at www.ncchildsupport.com. You need to fill out an application to become a client of Child Support Enforcement. It is unlikely that you are going to get anywhere by simply calling.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#8

Would those forms be the Application for Child Support Sevices and Application Supplemental Data Child Support Enforcement? If so, I have those printed out and will mail them in this week.

Also, can they have his wages garnished or do I have to fill out more forms for that as well? Since he is so sporadic about making his payments, it would be so much better this way.

Thank you


#9

It’s been a few years, so I don’t remember the names on the forms I filled out. But as far as garnishing wages… once there is a court order, CSE will file all that for you. I am really surprised Legal Aid didn’t file through them when this was all put into place. It would seem that since it only costs 25.00 they would have gone that route. But anyway… I hope it all gets straightened out for you.


#10

Thanks. I really got the impressiont that my lawyer was too busy and honestly, I don’t feel that she represented me fairly. To be awarded only $59/mo in support for two children is just rediculous. I took all the marital debt and covered all fees involved with the divorce and custody/support issues. I’m also the only one who showed up for mediation and the parenting classes.

He is an abusive drunk who plays NO part in supporting our kids, not did he ever for that matter, and he really rubbed in the fact that $59/mo is all he has to pay. And, he NEVER buys the kids anything they need. In fact, he bought our 10 yr old an airsoft pistol that says ages 16 and up. I won’t allow it at my house. And, he bought them each a motor dirt bike. I know those weren’t cheap. But, he couldn’t help by school clothes or pay for cu bscout dues. This just isn’t fair. I didn’t even go for child support until I filed for divorce. I got nothing during the separation.
Three years later, I had to take out a consolidation load to pay off the marital debt. Now, I’m paying on that.


#11

The forms you are looking for is the application for Child Support Services, it sounds like you have found the correct ones.

You can request wage garnishment, make sure you mention this to your case worker when you have your first meeting.

Best of luck.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

Before I divorced my ex-husband, I obtained a restraining order because he was abusive. I didn’t have any money for a lawyer, and used Legal Aid. At the time support was figured, my ex was working at McDonald’s. He was ordered to pay $59 a month, for two kids. That won’t even pay for their school lunches! The lawyer first came to me and said support would be about $300 a month, then she changed it to $59, saying she had made an error. My ex agreed to the $300, and she still changed it. Well, he has been to court at least twice over not paying the $59/month. He now has a much better job working at a furniture factory and has been there for several months. He still insists on paying the minimum amount even though he can afford more now. He won’t tell me how much he is making, but I would guess it’s at least $7/hr, which(according to the support calculator)would make his payments $340 a month. How do I have this changed without costly lawyer fees? I make about $1200 a month and am barely scraping by as it is.

Also, I do live with my fiancee. I don’t know if that can affect the support amounts, but he makes about $2000 a month and is paying $500 a month for ONE child. This was ordered in Virginia, when he was making more money. He now lives here and his ex lives in Atlanta. We were told he would have to go to Atlanta to have the payment lowered. We just can’t afford to do that. Is there any other way?