I receive child support that was determined by a judge in family court. I received a letter that my ex wants to lower the monthly payment and ask to deal with the situation over the Child Support Enforcement Office. My first question is does this officer act by mutual agreement and not by the worksheet calculator? Because the judge used the worksheet A to calculate and mediation is not possible with my ex. My second question is that the situation in both sides had changed slightly, he got remarried and has a child, and I’m not working because I’m studying for a career change, but should be back to work in a couple of weeks. I have the physical custody, and our child spends only 24 nights/year with the other parent. In the previous judgement we both had similar incomes. He doesn’t know that I’m not working currently. He believes that because he now has another wife and child that he should pay less. I have the option of going to court or resolving this with child support services. What is the best option?
Child Support Enforcement (CSE) can enter child support orders that are by the consent of both parents. Otherwise, they will properly apply the NC Child Support Guidelines and use the correct worksheet.
Working with CSE will generally yield the same result as going to court. If both parents can’t agree, then they will schedule the issue for a court date and a judge will hear the case and make a decision, just like the family court judge did.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
If we don’t agree, and the case goes to court, who pays for court costs?
There are no court costs for going to court through CSE.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.