Child support re-evaluation


#1

Dear sk_wilson:

Greetings. I have not heard of the state doing this on their own - so I question the veracity of her ex. You need to call the case worker and ask what is going on. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

Hi,
My husband pays child support and we are going through the same thing. Every three years both parents will get a letter stating that either one can have the child support re-evaluated without showing change in circumstances. My husband’s ex-wife called and requested it be reviewed, so we had to send our financial information in. Ours began last October and we are still in the middle of it due to the fact that his ex wrongly submitted amounts she pays for school and her income. Our court date is in June. Generally, this will be in favor of the person receiving child support. If it is deemed that more money is owed, the child support agency will automatically request it be calendared for court, if is deemed less money is owed, it is up to the paying parent to initiate going to court.
I hope this helps!


#3

Dear Goodstepmom:

Thanks for providing your input. Good luck in court. (If she provided false information, you may want to ask for sanctions against her).

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#4

Hi,
Thanks for providing such great information. I have a few more questions. First, when you say ask for sanctions against her, what does that mean? Second, my husband and I are considering having our attorney go to court with us for the review hearing. She wants to see all of the paperwork first to determine if she can help us. Although we have limited financial means we feel that in the long run this is a good investment in order to not have to pay extra money monthly due to his ex’s lack of integrity in providing false information. Do you agree? Last, my step daughter is not currently enrolled in an after school care program. If we choose to enroll her on our own because at times when we have her, it would help out, do we get to claim this amount on our side of the worksheet even if we don’t discuss or get approval from her mother? Of course, her mother could use it if she needed to as well.

Thanks! [:X]


#5

Dear Goodstepmom:

Greetings. Let’s see…sanctions are when you ask the court to punish someone. That punishment can be in the form of attorney fees, other financial fines, or restrictions on the person providing information to the judge.

Yes, I agree on your analysis.

Also, you can include the costs on your side of the worksheet, but you will not get any tax credit for the same if mom gets to claim the child as a deduction. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#6

Janet, I have a question sorta kinda similar to this one. In my separation agreement my ex is to pay a college parent loan for my 18 yr old daughter who will be attending college in the fall of 2005. My daughter’s permanent residence is with me and I claim her as a dependant on my taxes. Will the ex get any kind of tax credit for this college loan next year? I can still claim her on my taxes can’t I since she will still be using my address as a permanent one, right? Thanks as always for your wonderful advice.


#7

Dear soccermom27021:

Greetings. If the separation agreement does not provide him with a tax deduction for your child, then it will be in accordance with tax law for who gets to claim the tax deduction for a full-time college student. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#8

My wife pays child support. According to the Child Support guidelines a re-evaluation for possible re-adjustment is applicable every three years if either spouse request such.

My wife got a letter in the mail a few days ago from Child Support Services and it stated that they wanted her to submit her information for re-evaluation purposes. We contacted her ex and he said he received the same letter and that he didn’t request a re-evaluation.

Is this something the State does automatically? If so why does the guildelines state that this will only take place if either parent requests such?? No request was made by either party, but it appears Guilford County is doing it themselves.

Thanks