Child Support v. Transportation re: Jurisdiction


#1

My out of state ex has recently been awarded custody of our daughter. When my daughter was in my care I was unable to sue him for support in NC, because of jurisdiction (he did not meet the “contact requirements”) so I opened a case in his city of residence and that is where he is now counter suing me.

The audio of the custody ruling has the judge acknowledging that she can not do anything about child support, but orders “parents to split the costs” of transportation for my awarded visitation. My ex is refusing to pay half the costs and his attorney drafted the order to reflect that I am to be fully responsible for all costs, claiming that NC can not order him to pay half the costs based on the same jurisdictional aspects of the child support, but aren’t transportation costs relating to visitation ordered by an NC court different than child support?

Again - judge states she can’t touch child support, but rules on transportation cost relating to visitation. Exes attorney drafts order stating something totally different and judge signed it…? I have a hearing in May that will address this, as well as a few other contradictions found in ruling and draft that greatly benefit my ex…exes reported income is literally 1000% more than mine and he insists that my child is accompanied on flights (she is almost 8) - so we are talking 6 plane tickets for every visit, unless I go out there and stay in a hotel = same costs…


#2

North Carolina can issue orders for custody and child support when North Carolina is the child’s home state. A child’s home state is the state they have lived in for the six months prior to filing an action.

In North Carolina, transportation costs to and from each parent’s residence are not included in a child support worksheet, so they are ordered separately, above and beyond any monthly child support payments.


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.


#3

Thank you. This has been so tricky. When Father filed for custody he included the following paragraph:

“Father invokes his rights under NCGS Section 50A-109 and represents to the court that he maintains that he is not subject to the personal jurisdiction of this court for any purpose than in connection with claim for child custody.”

My daughter was in my custody at that time and, when my attorney decided to file for child support despite the above paragraph, it was dismissed because Father did not have “minimum contacts” with this state. So Father did not have to pay child support for more than a year while we waited for the forensic evaluation regarding my child’s disclosures…my attorney was so certain that my daughter would not be removed that he advised that file for child support in Father’s city of residence, ultimately subjecting ME to that jurisdiction now that my daughter is with him. Brilliant.

But, what I’m hearing is that child support is entirely separate from costs of transportation and costs of transport for visitation DO relate to the child custody claim cum order?

Father says “his pockets are not subject to NC jurisdiction” and this is why they cant go in his pocket for child support, therefore they cannot go in his pocket for costs of transport either. When I questioned him about why the judge would rule this way (even acknowledging on record that she could not touch child support) and I suggested his attorney’s draft was dishonest, Father replied:

“The judge knows this and was actually overturned on appeal in another case some years ago on that very point (I read that case and knew it going in) - So she more than knows her jurisdictional constraints.”

I then asked if he was claiming that what she ruled on record was incorrect, Father replied:

“What she said was not wrong - it was dictum - it was an opinion that was not legally binding. This is not a fact. Trial courts find Facts. Facts are not dictum. “Splitting costs” is not a fact - it is a legal finding that is dicta - not binding”

AND The judge has signed Father’s submitted order, totally contradicting what she ruled re: costs and a few other items to Father’s benefit --I plan to bring these audio clips with the order to the hearing. Not to call Judge out, but to demonstrate that this is the kind of nonsense that Father and his attorney have been bringing her all along and ask for a modification if not a total reversal of custody determination.


#4

Transportation costs are generally addressed in a child support order, but can be addressed in a child custody order, but the transportation costs are not included in the child support worksheet calculations. This is a separate cost above and beyond the monthly child support amount that one parent pays to another.


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.