Child support increase turns ugly?


Dear SLB02:

Greetings. I don’t have time to read this long post. Please post single questions or reduce your post to a more readable size. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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I am wife #2. My husband’s new job (with a larger amt of salary) requires him to pay more $$ for CS to wife #1. FIne. However, this has been going on for 2 YEARS as the opposing council has been very, very “ugly”, and I think just wants to get all she can and drag this on forever…

First of all, the attny. sent a false subpeoana to husband’s previous job (there was no case #, etc.). Luckily, he works in the industry of finance, and compliance caught this. Company even wrote a letter back to the attny. to let her know they would not comply as this (at the time) was not indeed a true subpeona.

Secondly, the child (age 13) was “ordered” to seek counseling with a counselor that works for that county’s courts. He was “sent” to the counselor for extremely distorted and downright false pretenses (that his father isn’t good towards him, etc., that I personally interfere with his welfare, etc). I’ve even talked with this guy. But the attny is stating these proposterous reasons.

This needs to be addressed so you may understand further: Wife #1 (the mother) does NOT want her son to have visits here. Not b/c of his welfare whatsoever. She is downright jealous when he is here (always has been but even more so of late) and is emotionally dependant upon him. We are good, Christian people and since thier divorce (since he was 6) he has thoroughly enjoyed his visits and over the moon when he was given sisters. But his mother told him that when he turns 15 he can decide if he wants to stop his visitations (he lives in another county, btw). Is this true?!?!?!) Furthermore, she is the one that puts him in the middle. She’s basically told him that dad won’t pay his child support and my stepson has “intervened” during recent dropoffs: “Dad, Mom said she wants her check.” It’s just sad.

Back to the attny: She sent a recent letter that my husband refuses to pay this counselor, and therefore also refuses to pay his medical expenses. Very false. She knows this (the attny) and so does the counselor. But the insurance made an error about two months ago that dropped stepson. (It was an error on thier part and they’re sending letters to prove it.) Stepson has been covered throughout, and my husband’s paycheck even reflects such. This attny’s letter made mention of a custody battle (mother already has full custody, and this was never in contest), and basically made both my husband and myself to be horrible people.

I often wonder if this attny (who has a rep for her deviousness and underhandedness) somehow contacted the insurance herself to have stepson dropped just to make my husband look bad. Really. She is that ugly.

In short, both attny’s recently reached an agreement (prior to letter). Let’s just say that this wasn’t a simple matter of paying more child support (which, my husband was willing to do). This attny. was going for every amt. of money (arreages, etc.) that were insane. Thankfully, our attny. made her aware as to how out of line she was with such suggestions.

My questions: How is it that an attny can advise her client (the ex) to send the child (age 13) to a counselor to help her case in child support?

Also, while our atty won’t (of course) bring the bogus subpeona to the her (the attny’s) attention, I fully intend to fill out the form of complaint about her to the NC Bar once all is said and done. I also personally have given thought to suing her for slander (she’s done this to me as well) and emotional distress. Do you think I have any grounds? The toll on her threats, etc. has had a huge impact on my marriage, and emotional impact on me. I even have medical docs to report such. Do you think I have a case?

Thanks in advance.