I’ve recently moved out of the state of North Carolina and was unemployed for a period of 2 months. During that 2 months I was unable to pay child support. I just received a letter from the courts asking me to pay a certain amount within the next 2 weeks. I unfortunately am not able to pay it. As a matter of fact I can show proof that Im in EXTREME debt and unable to pay all my other monthly bills. I also have a new 5 month old child with my current fiance. Since I know I can’t make this payment and will have to go to court can I request a modification to lower child support payments at this time as well? Is this something I can request and file for while out of state before I go to court? I’m also now aware of the fact that my Ex has been employed for about a year and recently claims she’s working 2 jobs, yet the courts haven’t been made aware of this and therefore it has not been factored into the CS calculations. In addition to child support, I’ve paid for all her birthday parties, school supplies, and send her clothes and shoes, etc. whenever her mom asks for it. Should I bring proof of all this and would it even make a difference? I guess my overall question is what should I bring with me to court to show proof of why I’ve been unable to pay these last couple payments and justify lowing my payments all in efforts to avoid jail time.
You can file for a modification of child support based on a change in circumstances, however any subsequent order will only be retroactive to the date of filing. You can’t seek reimbursement for over-paying any support before you filed for the modification.