Child Support Modification


#1

I assume the child support was set up throught the courts. If so, yes they will go after arears. www.ncchildsupport.com should give you access to the data they have. I’m pretty sure my ex is going to file for a reduction in support. He is over 6000.00 behind. If you ex’s income is lower than it was at the intiation of the support, then he can have a reduction. The wife really doesn’t factor into the equation, but the kids do if they are legally adopted to him. Don’t count to hard of him spending time in jail on the first count. The only reason he could is if you get a strict judge (ha ha ha) or he shows blatent contempt (not showing up, mouthing off, etc). He wants to dimish his financial support? Have you brought it up to him that if he gives up his parental rights he wouldn’t have to pay support at all? That is a double edged sword though. how would your child take the fact that you helped her father get rid of her (that is how teenager will see it, not logically but emotionally). The child could also blame you for not letting her know her father. I know this isn’t fair to you, but nobody ever said being the responsible one is fair. All that being said, I am not basing my statements on any leagl basis, just on my personal experiences. Think long and hard about terminating rights, but definately go after what’s owed to your child. Ohhh BTW, you can still go back to the origional agreement and make him go to a councelor and have supervised visitation.


#2
  1. Yes, he may be able to reduce child support if you do not ask for a deviation from the guidelines.

  2. No, if he adopted the children, then he is legally responsible for them. He will have to prove the adoption though.

  3. This is a criminal question for a district attorney, not a divorce attorney.

  4. Yes, if he has not paid any child support for a time period and he has not visited with the minor child.

  5. They may make him pay it - it is important to pursue that he pays it.

Good luck.

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

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#3

I have similar situation but she has never paid for 9 months and everyone says they will make her pay but If you have taken all legal step to try to enforce payment and nothing is happening then what do you do?


#4

Hi,

My ex-husband has filed a motion to decrease child support. He is behind in his current child support payments of at least $4,300.00, he was ordered back in February of 2005 to pay $418.00 per month. The $4,300.00 is just what is behind going back to March 2006. He probably owes a lot more than that. Anyway, he has filed a motion to decrease the child support payments. He says he only makes $7.00 an hour working 35 hours a week. He said that he now has a wife and 2 adopted kids to support. We also have another court order where he has supervised visitation of our daughter together and that he is also supposed to see a counselor to make improvements on his behavior. This order was filed December 2004. He decided to take off for Kansas, Colorado and several other places after that. He is now back in NC and wants visitation and wants to decrease child support payments. I never enforced child support because I never knew where he was, he worked jobs where he was paid under the table, he would never give me his address so I figured he would never come back and I wouldn’t have to deal with him anymore.

Questions:

  1. Will he be able to get his child support decreased?
  2. Do they take into account adopted kids vs biological kid?
  3. According to North Carolina General Statutes section 14-322, he can be found guilty of a misdemeanor for neglecting his child and be fined $500 or imprisoned for 6 months, can that happen in my case on 4/11/07?
  4. Could I pursue terminating his parental rights?
  5. Will they make him pay the $4,300 that he is behind or since I didn’t enforce it, is it a non-issue?

Any other information would be very helpful.

Thank you