Child support modification


#1

Normally courts will order a non-working parent who is capable of working, to search for a job, not to find one. A typical example would be a court order to submit 60 resumes to 60 different employers in 30 days. If your ex has not complied with the job search order he can be held in contempt of court, however if he has complied with the order and has simply not found a job he will not be held in contempt.

The state will not pay you the back dated amounts of child support as there is no program that has the funding to do so.

If your ex is receiving unemployment child support will not be increased in the modification as unemployment will be less that what he was receiving in pay with his former empoloyer.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 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.


#2

Thank you for your reply. He was required to submit proof of job search weekly, he did once and then stopped. He may or may not be employed, I don’t know yet. What does contempt of court mean, and would it matter if he just neglected to turn in paperwork?


#3

Contempt of court means that your ex has willfully disobeyed a court order that he was capable of complying with. He can be ordered to pay a fine, or even be sent to jail. If there was an order requiring him to turn in the paperwork and he did not, he has not complied with the order.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

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 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.


#4

DSS is requesting a modification of child support because my daughter’s father had a 60 day order to find a full time job and failed to turn in proof of a job search. I am also placing my daughter in daycare part time in the spring so I can return to college (I have two semesters left on my Bachelor’s), and since daycare costs about 3/4 of what I currently make working nights (my parents put my daughter to bed and stay until I come home), I am asking for an increase in child support payments.

My daughter’s father will not have a job as of January. DSS made the request for modification in September, but the father wasn’t served until December. I was told the obligation will be backdated so that he will owe that amount for the months between requesting and receiving the modification.

If he chose to not comply with the job search order, and therefore doesn’t have a job, but I cannot return to school without financial assistance for daycare, whose needs take precedence?

Will his obligation be lowered because he is unemployed (he was involuntarily terminated from his current job, but he voluntarily didn’t look for a job as he was ordered to), or will the state pay me the backdated amounts for him to owe and repay at a later date?

I’m worried that I won’t be able to finish school without this assistance - and I’ve applied for every kind of financial aid and daycare subsidy I can find, but the waiting lists are too long or they’re out of money for the term. I’m also concerned that given the state of the economy he will be forgiven for being unemployed.

Can he be required to receive unemployment, from which child support can be garnished?