Child support review


#1

A) No they cannot raise your support on something that has not occurred. It is also my belief that they will not raise it after it (orthodontics ) either. In the eyes of the state I would suspect that braces are not required. Unless it was in some separation agreement that you signed.

Now if they do get braces you could tell your ex that you will gladly reimburse her for 1/2 of the ortho expenses upon receipt of a copy of the doctors bill.

I don’t know about B,C or D, sorry.


#2

I agree. Child support is based on PREVIOUS (last years) salary and/or current expenses. The child support guidelines are not based on contingencies. You son MAY have to have braces but that’s an expense that would be medical/dental that could be shared. Not a reason to increase overall child support.

Is your son still living with you? That needs to be brought to light if so because support is based on the number of overnights and if that has changed it’s possible that she could owe you…


#3
quote:
[i]Originally posted by stepmother[/i] [br]I agree. Child support is based on PREVIOUS (last years) salary and/or current expenses. The child support guidelines are not based on contingencies. You son MAY have to have braces but that's an expense that would be medical/dental that could be shared. Not a reason to increase overall child support.

Is your son still living with you? That needs to be brought to light if so because support is based on the number of overnights and if that has changed it’s possible that she could owe you…


No, he's not living with me anymore. She refused to reduce the support and so when I filed for custody, she came and got him. As far as "owing me", I've been told that once the money leaves your pocket it's gone no matter how hard you kick & scream.

#4

Did you drop the custody claim? It would be interesting if the courts could somehow find out that he lived with you…you filed for custody (modification)so the support amount could be decreased and follow the guidelines, and that the mother then decided due to the money that modifying custody was not an option…
This is the reason that every parent believes that the other parent is only worried about the money and not what is in the best interest of the child.

I still think that the support can not be raised on future expenses. Have you run the calculator? This may work out to your favor. If this goes to court and the guidelines show you are paying too much you could request that it be reduced. I would think that would give you a warm fuzzy feeling to be sitting in court with the ex trying to raise child support, you show the court that you are already paying more than the guidelines state and request that it be reduced, the court agrees and the support is lowered because your ex got greedy.[}:)]

Hopefully the attorney will answer on this one regarding your other questions.


#5

Does anyone else have some helpful information regarding these questions?


#6

A.–They can order you to pay a portion of these expenses when they are incurred, but generally will not raise support based on them.

B.–It can continue in the county where the action was originally brought.

C.–You can file a motion to extend time and you will be granted an additional 30 days, if you do not file this motion, you will need to respond within 30 days.

D.–No, unless you face criminal charges you will not be appointed an attorney.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(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.


#7

Thank you for your response and the answers. The thing that confuses me is why is Child Support willing to have the hearing knowing that the support cannot be legally raised for these expenses until the occur. These additional “future” expenses were the only reason given to child support for the review. Why are they going to all the trouble only to wast everyone’s time involved in this? I’m sure the court could find other cases to hear.


#8

If it has been more than three years since the last order the court can review it. In addition, it is up to the judge to determine what is an extraordinary expense.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

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) 9343.0044

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.


#9

I just received word yesterday, that even though both parties in this case (me and the ex) requested that the hearing be rescheduled until next month, NC Child support is refusing to reschedule due to “timeliness”. I was told that they would reschedule it by NC Child Support over two weeks ago before I left town. Since my case worker refuses to contact me I guess I’m “hosed” because the hearing is this coming Thursday, and I have no legal representation and it is too late to file for a continuance. Does anyone have any suggestions or helpful advice? Delaying this is only going to cost more money that I don’t have and take me away from work even more.


#10

My ex is taking me back to court to get the support modified (i.e. raised). NC Child support first stated I was paying nearly $200/month too much, then she disputed their findings claiming she’ll have to pay $8000 in orhtodontic bills (even though these procedures haven’t been performed, nor is there any way of assuring that they will).
Now they’ve re-evaluated it again and are stating they’ll raise it nearly $250/month from what it is now. They refused to take any action to lower it, despite the fact that my son was living with me for 9 months, and she was still getting the full support amount. But now they’re piss and vinegar to raise it and already have a hearing scheduled. In my opinion, my ex’s claim is like me calling my auto insurance company and telling them I’ll probably wreck my car in the next 2 years and asking them to go ahead and send me a check for it now.

My questions are:
A) How can they raise support based on something that may or may not happen?

B) Does the hearing have to be in the county in which the plaintiff and children reside (for over a year now)?

C) Some states give parties living out of state 60 days versus the normal 30 days to respond to motions and such. Is this the case in N.C. since I live out of state?

D) Since child support furnished her with free legal representation the last time we went to court, will I be afforded the same rights (priviledge)? I’m already paying for one attorney apparently (her’s) so I cannot afford my own.

Thank you for any advice or help.