Child Support Modification in NC?


My ex-husband has lost his job in Cali and I now live in GA (military spouse now), but our child support issues were handled in New Hanover county courts. I was about to ask for an increase for my 16 yr old son who needs braces and other things, but now he is unemployed. I was just gong to wait to see if he gets work, but Child support tells me that he has said he wants to file a modification stating he is not working. Can I fight that? He is speratic with Support payments and he owes me back support in the amount of 30K. He will pay for a time then stop. so I wonder should I get a lawyer or wait until he filed the paperwork? ALso will he have to have a lawyer or does child support handle that for him?

He can file for a modification if it has been 3 years since the entry of the last Order, and there is a 15% change in the amount of support based on new income numbers.
He may have a lawyer, or may proceed on his own.
I suggest you move forward now, with the help of child support enforcement and file a motion for contempt regarding the back support owed.

It has been three years since this order was modified and frankly Child Support Enforcement has never tried to get me an increase ever. I have asked them over an dover and they just tell me that they contacted me, but they didn’t. This has all come out of the fact that he is not employed right now as he just lost his job. He will get employment again, will the court change the order based on that? And does Child support represent me or him? I never get the impression that they represent me really. I live in GA now so they are always trying to get me to move the case to GA, but I don’t want to do that I want to keep it in NC. Could I file a contempt hearing on my own? They will refuse to do it since I do not live there and neither does he.

Would a judge modify an order based on a temp out of work issue. He will be working in no time; he changes jobs often. If he is not working then would they let him pay nothing? I do not want the order changed at all. I have never gotten a raise from him so he has gotten off easy. The order has always been the same never been modified. So where should I start? Get a lawyer? If nothing else I need more money as he has more needs now.

Child support orders can be based on unemployment income. Child support enforcement represents the payee (you).
You can file a motion for contempt on your own, but I would suggest you hire an attorney to help you, and ask that the court order your ex pay your attorney’s fees.
Since you have both moved out of state however NC is no longer the proper forum for support issues. You need to register your order in the state where he lives and pursue the action there.

Child support has never told me where he lives and they will not tell me where he lives. I have asked. I think it is somewhere on the West Coast, so having said that I would have to hire an attorney there, but I live here. That can be very expensive. I am from NC so I would rather keep the case in NC. I am only here because I am married to a military member.

Would he first have to start an action? If he does it will be in NC. I plan on getting an attorney. But I was waiting to see if he files for a motion to modify. I doubt he will do that because he will have to hire a lawyer for that and he has a bad tract record for following through on much.

Thank you for answering my many questions. Sorry to post so much.

The case needs to be transferred to the state where he lives now as that is where jurisdiction is proper.

In response to your last suggestion I would like to ask how exactly do I find out where he lives or even what state he is in when Child Support will tell me absolutely nothing about where he lives or works right? I get NO cooperation from them. It was my understanding that the order can be enforced interstate from NC. If I went to the state he was in that could be very expensive that means lawyers in GA lawyers in his state which could be the west coast, so I am not sure how to make that happen. Thanks all the same for your advice I will look into it, but like I said I have no data on this.

You may also register the order in the state where you now reside and try and have it enforced there.

Yes I could do that, but how do I find out where he lives now? That would seem to be important info.

All I can suggest is to do an internet search or hire a private investigator.

Hello Erin,

I may have asked this before, but I am not completely clear on my forward action. Ineed to take a child support claim against my former spouse, but he lives in Seattle Wa. I live in Ga our order was issued in NC. Should I get a lawyer in GA, NC, or somwhere else to represent me?

Also do I move my child support case to GA to do this?

Your order should be registered in GA, and then can be enforced there on your own, or with the help of a GA attorney.

So I should move my order to GA? Or wOuld the lawyer be able to do that?

It would need to registgered with the GA Child Support enforcement correct? I think I have a lawyer here in GA, so I wanted to proceed with it here locally rather than going to NC. I don’t see a reason for doing it there since I live here now; course we are military so who knows how long that will be.

I agree, and yes, a GA lawyer can help you have the order registered there.

Hello I have more questions about Child Support. I know you must be frustrated with the same topic here, but here it goes. I am told in GA by Child Support here ( I live here now) that they cannot modify the order, but that I have to do it in NC. NC Child support says they cannot modify the order because I don’t live here anymore (NC that is). I am so confused how to you get an order modified? I have never gotten it modified and frankly it seems so complicated if you ask me. So can I get a NC lawyer to handle this?

You need a GA attorney to register your order in GA, then you may attempt to modify it.

The order was originally ordered in NC. I moved due to military orders to ga. GA attorneys will not take my case here I have tried. Shouldn’t a NC lawyer handle this. I have been told that GA cannot modify the order in any way that is must be done in NC. Geez talk about confusing. I am not referring to you, but where does one get the right answer.

The proper jurisdiction for child support is the state where the payor lives, that is GA. The order needs to be modified there. The best advice I can offer you is to register the order there, and then file your motion to modify.

Actually the payor (ex-husband) is not in GA that is where I live with my current husband who is military. My ex-husband is somewhere else that I don’t know because Child Support in NC won’t tell me. NC Child support told me to register the order here in GA since I live here, but when I went to get a GA lawyer none of them would take my case. They all told me I had to take my case to make changes to the order in NC so as you can imagine I am so confused.

I am giong to get a NC lawyer I think and keep it in NC. GA child support told me even if I move here where I live in GA that they cannot modify the order, they can only enforce it for me. They said any mods on it has to go back to a nc court.