I was taken to court by my child’s mother last year and it was ruled by the court that I pay $650/month in child support, which I have been doing. Due to work demands (work in the medical field), it has been difficult for me to get in and consult with an actual lawyer, so I’d like to ask these questions to get some ideas before I actually go pursue one.
I would like advice on whether or not I can pursue modification of a child support order as I feel that $650/month is over my financial capabilities given my current situation. I have a voluntary support agreement for another child (different relationship) that did not get factored into the calculation worksheet since, according to the courts, the income used to pay this is for “another child born AFTER the child for the current court order in question”. Is this correct? Are my financial obligations for another child really not factored into calculation for the amount of child support I have to pay?
Gross pay for me is about $3900 / month and I pay $800/month in daycare costs for the child in the other relationship (other mother makes no income due to being a student). My other fixed monthly expenses (rent, utilities, student loan payments, etc) tallies up to ~$1,400 per month. Overall, after taxes, I have ~$200 take home/month to pay for my food & other variable expenses which, I feel, is a bit low. The mother for the child in the court order grosses ~$2.2k per month (not sure exact number but roughly around that estimate).
Additional info: The court did not factor in my obligations for my other child, but back/retroactive support was ordered for a large lump sum gift I received from a family member > 3 years ago. However, can this income be used in the calculation if I received it greater than 3 years ago (child for present order was age 4 at that time)?
Sorry for the long read, but I just wanted to make sure I conveyed my actual situation in detail. If I need to provide more details, please let me know.
The child support you pay for your other child by voluntary support agreement should be factored into your child support order for this child, regardless of whether he/she was born before or after this child.
Yes, it’s possible for a gift you received a few years ago to be included as income to you for child support purposes.
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.
You can file a Rule 60 motion for an amended order based on mistake. This motion must be made in a reasonable amount of time from the entry of the order but not more than one year after entry of the order.
Yes, it’s possible for the judge to have looked back more than three years ago when determining retroactive child support.
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.
One last question, does filing a rule 60 motion have to be completed with a lawyer or can I do it myself? The difficulty of my work schedule greatly restricts me from attending court at the moment (which would be in a different state since I do not live in NC right now). I could if need be, but I wanted to ask whether this is something that could be filed with speaking with someone in the clerk of court office via phone?
You do not have to have a lawyer to file a Rule 60 motion, but it does have to be a written document. You can mail the document with your signature to the clerk’s office for filing. If you mail it, be sure to include several copies as well as a self-addressed and stamped envelope so you can get the filed copies back (the clerk’s office will keep the original).
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.