Child Support Modification


#1

My ex has failed to tell me he got a new job with substantially more income (2 years ago). Although he updated his employment with Child Support Services, he hid it from me and our children (so I wouldn’t request a modification). Although he changed jobs 2 years ago, he still tells my daughters (21yo & 16 yo) stories of what it’s like to work at his “place of employment” so they would still believe he worked there (reported to the courts that he is making minimum wage at 10 hrs a week).

His deceit has gone as far as not telling his children his actual address and he is refusing to tell them where he really works.

He has also stated that he could not help pay for his daughters braces since he is so destitute.

My question is this:
I have requested a hearing for modification of support. Is the court permitted/likely to make the support order retroactive due to his intentional deceit and also demand payment for her additional uncovered medical fees?


#2

The Court may or may not award retroactive child support for a period from before the motion to modify was filed - it is in the discretion of the judge. Child Support enforcement is able to monitor a parent’s income and is able to view that parent’s reported wages.

It is possible that the Court will order reimbursement for uncovered medical expenses if the current child support order requires that. Be sure to have bills and other proof of the actual expenses with you when you go to court.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations


#3

Is child support services required to notify the custodial parent of substantial income changes? I ask because it appears the NC Child Support Services was notified about 2 yrs ago of the new employer. But, he has actively deceived my ex and her children to think that he was still working at a job making minimum wage.


#4

It is likely that while Child Support Enforcement knew of a job change (for wage withholding for example), the actual agent may not have been aware of it if his child support payments were being paid in full and on time each month.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations


#5

Anna,

In January we requested the NC Child Services look into adjusting the child
support order. Yesterday we received a response with the calculation sheet
and it shows his current monthly income at ~$3,100 (vice the ~$400 he was
telling us he was making) and they are recommending increasing child
support to ~$540/month. (I have a feeling he will likely oppose)

Do you believe it would be worth the effort to petition the court
(likelihood to receive a positive judgment) to request retroactive child
support (~$10,000 based on what he has already paid) and add-on his
portion of the cost of the child’s braces? We have emails & texts where he
stated he can’t afford to help any more than the monthly $108, and he has
actively lied for about 2 yrs to his children and hidden is actual income,
employment and residence from them in order to prevent his ex from
seeking the adjustment.

Thank you again!

Bill Baca


#6

In regards to the braces, if your child support order at the time the braces expense was incurred required that the father pay for part of this expense and he hasn’t, you should notify your child support enforcement agent so they can help you get the appropriate reimbursement pursuant to the court order.

In order to get retroactive child support based on the father making more unreportable income than he let on despite a court order in place stating his income, you will have to prove by a preponderance of the evidence that this was actually the case. This may be difficult to do depending on the evidence you have. You would need objective evidence that he was working and the wages he was earning.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#7

Anna_Ayscue Rosen Law Firm
March 22
In regards to the braces, if your child support order at the time the braces expense was incurred required that the father pay for part of this expense and he hasn’t, you should notify your child support enforcement agent so they can help you get the appropriate reimbursement pursuant to the court order.

In order to get retroactive child support based on the father making more unreportable income than he let on despite a court order in place stating his income, you will have to prove by a preponderance of the evidence that this was actually the case. This may be difficult to do depending on the evidence you have. You would need objective evidence that he was working and the wages he was earning.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

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#8

Are we able to handle these as separate and distinct issues:

  1. Accept the new child support amount
  2. Address payment for braces
  3. Look in to pursuing retroactive child support.

Thank you again


#9

These can be handled all at once by agreement. Otherwise, you will need a motion filed addressing each issue in order to have a court date for a judge to decide.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.