Child support & Tax Exemptions


#1

Dear newwife:

Greetings. First, why have you not enforced the order before now? You can enforce an order without the aid of an attorney through a Motion to Show Cause which they have on the court’s website.

Next, you can file for child support with the NC Child Support Enforcement Agency and they will set the child support and modify it for you. Go ahead and file and get the financial assistance you need. Remember to keep receipts and enforce the order. Best of luck.

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

Wow-you’re fast! Thanks so much. We have not filed a motion, because my husband has some issues with family court. I posted previously, wondering if I could file, but you set me straight on that (thanks, by the way). I know it comes down to my husband having to do this, and I’m trying to be patient and not press the issue, meanwhile, nothing is changing! (where is my faith?!!)Hopefully, if I have the backup from you (did I say thanks?!), he’ll feel more confident about proceeding. So a couple more questions -

1.) If he goes the Child Support Enforcement route, does he have to appear same day as her, or different, or does he have to appear at all?
2.) If we file and have our attorney represent him, and we have emails and documentation that shows how uncooperative she has been, what percent chance do you think we have of the judge ruling for her to pay our attorney fees?
3.) what if we go through all this, and she’s ordered to pay attorney fees, reimburse per the consent order, and child support, and she still doesn’t? Believe me, this woman does not pay her bills, and a judgment doesn’t mean squat to her.

I hope my questions don’t frustrate you, as I know there are no guarantees, and I’m wanting to hash out every possible scenario. Just stop me at any time!!!


#3

Dear newwife:

Greetings. Thanks for telling me how fast I am, but now I am sure you are wondering where have I been? Well, I answer forum questions as soon as I can…so let’s get to your answers:

  1. Yes, if the court sets a courtdate then he would have to appear at the same time as her. If the case worker settles the case before court, then there is no issue. Can I ask why he is so scared of her?

  2. Not likely that the judge will rule in your favor on child support issues simply because she was uncooperative. Now, if she is violating the order, that gives you more weight for the judge ruling in your favor on costs.

  3. Then, you must immediately seek to enforce the order and not sit on your rights (as your husband has done up to this point). The judge can sit her little tail in jail until she cooperates with the judges order. 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.


#4

It’s not that he’s afraid of her, just the court system. When they first went through the whole thing many years ago, he was more involved emotionally than intellectually and really got screwed. He was made to feel like a deadbeat dad every time she dragged him into court. He paid his child support, upheld the visitation schedule, and still she would not hesitate to bring him to court if one little thing didn’t go her way or life interfered. He was always made to feel like a deadbeat dad, and is worried because he’s not paying support to her now (even though the kids are with us) he’ll be made to feel the same way. It’s irrational, I know, but that’s what we’re stuck with. He’s afraid that she’ll force the issue with his teenage son, and make him get involved in the whole court thing. We don’t want that. We just want him to be happy, and be where he wants to be. So, you’ve told me what we need to do, just wish I could be the one to do it!

Thanks so much for your time and this invaluable service that is an answer to many prayers, I’m sure. By the way, I figured it might take awhile to get a response…I’m sure the message board isn’t the only thing you do!!! Hope you get a chance to relax once in awhile.


#5

Dear newwife:

Thanks for understanding that I sometimes need sleep! LOL. Good luck with your husband. Remember to tell him that rarely does anyone feel like they are winners in court. 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

Hi Janet. I have found this forum so helpful, and appreciate your service. My husband has a consent order with his ex that grants joint custody. Neither party pays child support and are to split expenses. In real life, this doesn’t happen. Expenses accumulate, but nothing is split or reimbursed because she won’t follow the court order. We have decided to let it go, and not pursue it with a motion. Now, however, my 16 yr old stepson has decided to move in with us, and will not go to his mother’s. Over the past two years, he is usually with us 4 out of seven nights anyways, but it seems to have become permanent, and he has not spent a night in his mother’s house for over two months. My husband has encouraged him to go home, to work things out, to not do anything he will regret, etc. She has only seen him twice, and has contributed nothing towards his support during this time. What recourse do we have regarding child support? We cannot afford to hire an attorney at this time to start the process of modifying court order. Not only has my stepson moved in,but my 18yr old stepdaughter. We provide most of her support also, and she will be starting college in the fall. I guess you could say we are strapped for cash! We do not have a problem supporting our children, but I am in school with limited income, and my husband recently was out of work for several months due to health problems. Any advice is appreciated.