My ex-husband is about $25,000.00 delinquent in child support. He produced income tax returns three years ago. He was terminated at work for physical contact with co-workers at work. As such, he filed for a reduction in child support. He was granted a “protection order” so that he is protected from giving his past two years of tax returns since it would be a burden to him. I had filled out a financial affidavit in 2019 when the child support was recalculated. Is the burden on me, two years later to fill out another financial affidavit as I thought this only had to be completed every three years? Nothing has substantially changed with the children’s expenses. It takes a long time to fill out this paperwork with a large household and four children.
If you are filing a motion to modify child support and requesting that the court modify the monthly child support obligation, then you will need to produce evidence that there has been a substantial change in circumstances affecting the wellbeing of the minor children since the time the current order was entered, and you will need to prove your income.
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.
My position is that three years have not elapsed, and there has been no substantial change. Is the burden on me to prove that nothing has changed, or is the burden on the party who filed the modification prior to three years elapsing. If the child support is to be calculated retroactively to two years ago when the modification was filed, so I fill out a financial affidavit for this year or the year it is retroactive to ? Do I have a burden to fill out a financial affidavit more frequently than every three years?
The party filing the motion to modify has the burden to prove that a substantial change in circumstances affecting the wellbeing of the minor children has occurred. The party defending the motion will want to present evidence to counter the position that a substantial change in circumstances has occurred.
Child support is based on current circumstances, so you will want to fill out a financial affidavit for now, not when the motion was filed. You only need to complete a financial affidavit any time a motion to modify is filed.
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.