Child support rulings


#1

There is something more to your girlfriend’s case than what she is telling you. Judges don’t just summarily dismiss people’s testimony without a good reason. Your ex is no more important to the judge than you are, and you MUST represent yourself vigorously and with excellent documentation if you are to win anything in this system. Don’t assume you’ll be ignored because you won’t.


#2

When it comes to child support, they do not take innto consideration of your bills, child support comes before everything, they see how much you GROSS and calculate child support from that (first) everything else is secondary, regardless of your net income


#3

Well, I have some news for anyone who’s gone to court or is contemplating going. The court finds what the court wants to find, and bases its rulings on its so-called “findings.” The court is perfectly free to use its broad discretion in domestic matters to discredit - read not believe - the testimony of anyone who apprears before it. The testimony won’t be ignored, per se. It just might be deemed not credible or not relevant to settling the matter(s) at hand.

For example, you might claim your ex is feeding your kids too much junk food. So you bring in three expert witnesses to court who all testify “Junk food is very bad for kids.” Your ex says due to her “busy schedule,” she has to feed the kids lots of junk food. You claim this is detrimental to their health. The court listens to what everyone has to say, and then “finds” in its order that ex is a caring, wonderful parent who successfully balances a challenging career with the demands of feeding her family on a tight budget. No mention is made at all in the order of the “junk food” issue. Is this a legitimate “finding”? Does it adequately address the issue of the kids’ dietary health and hence their “best interest”? I think not.

As for the bills, income, expenses, ability to pay, estate, homemaker contribution, etc. of the parties and children, the court must consider all of these factors if either party requests a deviation from the Guidelines. These factors must also be considered if the court itself, in exercise of its “broad discretion” in child support matters, orders child support in an amount that deviates from the Guidelines. Even in deviation-from-Guidelines cases, however, the court must still determine the Guidelines amount of child support and find (or conclude) that this amount would be inadequate or otherwise unjust, given the circumstances of the case.


#4

I am the g/f…the judge had heard enough before it came time to present my side. The judge called the attoneys into chambers and told him how he was going to rule. I could not believe it.

My ex makes twice what I do…now after paying him child support and my mortgage. I have 500.00 to live on each month. This includes clothing, entertainment and food for the children since he refuses to provide anything for the children when they are with me. (Which is everyday except his weekend) I have them during the day and he has them at night so he gets the credit for them since they sleep at his house.

This is such a control/money thing…I am sad that the judge did not see it nor want to take the time to listen to what I had to say…

I am just going to keep loving the children and provide the best I can for them. I know that what comes around goes around. So the children will know what type of person he is without any help from me.


#5

Something about this just doesn’t make sense. He heard enough?? Since when are you denied your day in court? You weren’t allowed to testify? They really truly didn’t allow you to say anything at all in your own defense? What made the judge so irate???


#6

We had been divorced for 4 years and had a very “loose” custody order in place. I think the judge was not going to change anything, had heard enough and wanted us to “work” things out. We go back to court soon (for the 5th time) to have the judge “help” us to work out things.


#7

What about a mediator instead of a judge? The county offers custody mediation and it has the option of being binding or not. A judge would be much more receptive to your situation if you try to keeep it out of his courtroom as much as you can.


#8
quote:
[i]Originally posted by fatlilbeagle[/i] [br]There is something more to your girlfriend's case than what she is telling you. Judges don't just summarily dismiss people's testimony without a good reason. Your ex is no more important to the judge than you are, and you MUST represent yourself vigorously and with excellent documentation if you are to win anything in this system. Don't assume you'll be ignored because you won't.
No, I was there. She has a copy of her transcript which I would be more that happy to send to you. Even still the judge isn't listening to what she has to say. We had to go back to court because he ex isn't providing for the childrens school funds, their clothes or anything else with the child support money he is getting so she is having to come out of pocket. While they were in court for another issue he attorney attempted to bring it up and the judge said "she will have to talk to Mr. ***** about that". I WAS THERE FOR THAT TOO.

#9
quote:
[i]Originally posted by fatlilbeagle[/i] [br]What about a mediator instead of a judge? The county offers custody mediation and it has the option of being binding or not. A judge would be much more receptive to your situation if you try to keeep it out of his courtroom as much as you can.
They went to mediation. Her ex walked out, wouldn't have anything to do with it.

#10

If the parents combined income falls below $240,000. per year, The NC State Child support guidelines are applicable to determining child support. The guidelines consider: Income, child care costs, health insurance premiums for the children, and any extraordinary expenses for the children. Essentially, parents are obligated to contribute to the children’s expenses in proportion to their earnings. Be sure to see our child support calculator.

Also, depending on the judge, it is not uncommon to limit testimony if the judge has the information they believe they need to make a decision.

Hope that helps.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#11

I just needed a question answered. I think it will be an easy one. I was under the impression that before child support it determined the judge will look at both parties income and decide from there. My g/f was involved in a case recently where that didn’t happen. The judge didn’t even listen to anything she had to say.
She had the children most of the time and provided just as much for the kids as he did. He makes a third more that she does. There are three children and when the separated it was agreed that he would claim two on taxes and he would claim one. After court he went back and filed for the seven years he didn’t claim the one she was claiming and now the state is saying she owes for those years because she wasn’t suppose to be claiming them. So, he can say ooops, I forgot to claim one of my children for seven years and now I want to add him?
Oh, that was a second quesion.

I’m confused with all of this and I’m now going through court with my ex. I’m getting a little worried. I pay for everything for our child and have for nine years. She is now claiming she has him 350 nights out of the year which is far from the truth. After what happened to my g/f, I’m scared of what will come out of my case.