In the past year, I have been to court twice with my ex over child support. In our first appearence, she had quit her job because she was advised she would be paying me child support, regardless of the custody award based on the significant difference in our incomes, and number of dependents. The court ruled she had no valid reason to quit her job, so they imputed income on her. Trouble is, they would only impute minimum wage. To make matters worse, I was awarded well over the number of days with my child for the minimum requirements of schedule “B” on the NC child support guidelines, but the judge set the support at schedule “A”, which was $400 more a month than the law required me to pay, even after 3 letters were sent to him by my attorney reminding him of the number of days he had awarded me.
I had to file for a motion to modify just to get him to re-calculate under schedule B. It took me 8 months to get a calendar date, and by that time my ex had already had another child with now her 3rd husband (1 child by each). The court ruled that since she had a child under 3 years of age at home, it could no longer impute income on her. The law I have read plainly states that this rule only applies if the child under the age of 3 is the child support is being calculated for. My child is 10 years old. Child support was recalculated using schedule B, but it stayed the same amount because her imputed income went to zero.
Can I appeal this? It is obvious in both court appearences the judge simply allowed whatever her attorney said to be law, when now 3 attorneys have told me he was wrong from the very beginning. The judge is the only family court judge in the county my ex lives in, and it seems nothing I do gives me a fair shake on this.
Understand, my ex’s household income last year was more than double that of my own, and I have always paid for my child’s daycare, medical, school lunches, you name it. I have done this voluntarily for over 5 years. I am not trying to take away from my oldest child in any way, I am simply trying to ensure I can provide for my two other children (both under 2 years of age).
What can I do? I live in a different county from my ex, but I have no idea where to go next. My last attorney failed horribly in my opinion, and the opinion of other attorneys I have spoken to since. How do I make the court system follow the law instead of twisting and turning it into whatever they want? All I want is what is fair, and I want to do what is required by law, not just by some judge who does whatever she wants.
Is there no appeal process for something like this?