Child Support modification


#1

I recently lost my job but it was my own fault. I quit due to political pressure, and this was the first time in my 20 year professional career that I have been forced out the door. I was given the choice, quit or be fired. So I choose quit. That was a year ago and I still have not found a job anywhere close to my previous income. So I decided to file a child support modification request. But I understand I am fighting a loosing battle since I quit on my own and was not laid off, etc. Since then, I have talked to a lot of people, both in the legal system and not, and they all agree that I will prbably loose in court. Now they also hav me afraid I will be paying her attorney fees for even attempting. Our child support order was originally based on the fact that I made 70K a year and she made nothing. Now she is a RN at one of the area hospitals and making I am sure 50K or more. All I really wanted was for her to pick up my son’s insurance if her work provided for same. But she will not talk to me about it of course. Now I am afraid to even take it to court. Do I file for a subpoena to get a copy of her financial records, or am I just spinning my wheels. Am I setting myself up for an even bigger payment since I have recently sold my home and live in a camper now? My expenses now are less than they were before. I don’t know if I should pursue this or just drop it. Now that I have filed, can I drop it without going to court anyway?


#2

Wait for the attorney to answer but my personal opinion is you should seek the modification. NC is a shared income model state so even if they keep your income at the same as when it was figured before, her income will now come into play and that is going to drop the figure.


#3

If your ex is now earning a substantial income child support should be modified on those grounds anyway. I would also say that the court will be less likely to find that you are seeking a modification a year after being out of work. If you had quit your job and filed for a modification the next week things would be different.


#4

So should I file a subpoena to have her produce her financial records?
I do have savings from selling a house, so I am not completely broke, I understand that will come into play. But at the current rate I will run out of savings in another year or so without any income. I am working part-time but making substantially less, and have no health insurance myself. What are the chances that I would be liable for her attorney fees?


#5

You file discovery first. A request for production of documents from your ex. If she does not comply you may have the clerk issue a subpoena to her employer and to the financial institutions where she hold accounts. You will need to send the subpoena’s directly to those institutions, and send your ex copies of any and all subpoena’s you send.
Attorneys’ fees are in the discretion of the judge and can be awarded when the other party is unable to pay, or if your motion is in bad faith. I do not believe either of those circumstances fit the facts as you present them.


#6

Obviously I am not a lawyer, nor can I afford one to go to court with me to hopefully reduce my child support by a $100 or so dollars a month. What is discovery? I thought discovery was done via the subpoena process? Is she automatically compelled to produce her financial statements just because I filed the emotion? Can you point me in the right direction to file discovery?


#7

Discovery is the umbrella term used to describe all of the ways information can be obtained in a pending action.
You may send your spouse a written request for documents which is called request for production.
You will need to include the case caption( party names, court, and file number) and then list which documents you are asking be produced.
She will have 30 days to respond, and if she does not you can seek the court’s assistance and ask that she be compelled to produce the requested documents.