Child support can not be modified retroactively. This means that unless your ex or his attorney have filed a motion to modify child support your Husband owes you whatever the child support order says for every month that it was in effect. Are you going to court to modify child support or to address the issue of his arrearages. If you are addressing arrearages, then the court should order him to pay the past due support and if he does not, they can sanction him or put him in jail. If you are going to court because he is asking to modify child support you would need to prove to the court that his income has not decreased, or that he is suppressing his income in bad faith. If the court finds that he could have gotten the operation or that he is deliberately delaying the operation, they may find that he is acting in bad faith.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
We are going to court to address the fact that he hasn’t paid child support. I have recieved nothing since March 16 (200.00 that the court ordered be paid or he’d be held in contempt). I was advised by the Child Support Advocate that I not agree to any reduction, but to wait and see if the Judge orders it. My Ex has never filed to have a reduction. He is unable to pay anything in child support (or so he says) but last night he took my son to the time trials at the Roxboro Speedway last night and a movie earlier in the week. Does the fact that he pays for activities factor in when he hasn’t put one dime for the necessities. I buy all necessities and he takes a bag to his dad’s when he’s there, and comes back with a bag of dirty clothes. If he is held in contempt and does not pay arears or even the monthly payment, what could happen? How many times will it take to show the Judge that he isn’t intent on paying at all. Like I said this is the fourth time in a year I’ve had to go to court over this. I’m using up my sick time to deal with this.
If he continues to not pay child support as he was ordered to, he can be put in jail, have his tax return seized, his bank accounts frozen, wages garnished, passport revoked and he can be put in jail. Best of luck in court.
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
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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 but a full discussion with an attorney should be undertaken before taking any action.
Okay, here is the deal. My exhusband hasn’t paid child support consistantly and is now over 7000.00 behind. The only payments I have recieved in the last year or so was bail posted when he was arrested for failure to pay (1500.00) and 400.00 back in Feburary when he was in court again. He apparently has a doctor’s note stating that he needs back surgery. He doesn’t have a job but I can assume that since he has a mechanic’s shop in his back yard that he is working on cars on a temporary basis. His momma is paying his bills as far as I know. Our son goes over to his house every weekend. We are scheduled to go to court again on August. At our last hearing, Ex’s lawyer asked me to authorize a reduction in child support. I refused because Ex has made no effort to get the surgery so that he can be productive again. I was under the impression that he would file to have it reduced but as of yet that has not happened. What can I expect? When I as the Child Support Office’s representative her response was hopefully we’ll get a different Judge. (The last Judge was very leniant) So far, Ex has promised and promised and promised, but delivered very little. He has some assets (family home, motorcycle, boat, full operating mechanics shop with thouseands of dollars worth of tools, etc. I have paid for all of my son’s expenses from school supplies to summer camp, to birthday parties. I have never interfeared with father/son relationship. Will anything ever happen? Will I ever get help in the financial responsibility of raising my son? So far the only things to happen is to have an order established, arrest for failure to show up for court ( which was the 1500.00 bond) and an order to pay 400.00 before the next court hearing. Any advise on what to do and/or questions to ask in court, statements to make to the Judge would be helpful.
Thank You