Child Support vs Attorney


#1

Dear Sunny:

Greetings. Let’s talk about the child custody hearing first. The child custody hearing does not include ANYTHING about child support (except for whether or not a parent is paying - which shows good faith or the lack thereof). The only way you hear child support issues is if the claim was also placed on the calendar request or notice of hearing.

Now, an attorney can usually help you to discover a way to fix the continuing problem of non-payment - by wage garnishment or otherwise. But, the clerk is definitely cheaper. 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

Thank you so much for your answer.
Re: child support.
You stated {except for whether or not a parent is paying-which shows good faith or the lack thereof}. The same Judge is hearing this case. He was the one that ordered the payment of child support at the temporary hearing. The parent has never paid on-time, has been before another judge on C/S and is now getting his wages garnished. What will the Judge do about this at the final hearing on child custody?

Thank you for your time.


#3

Dear Sunny:

The judge will not do anything about the chidl support unless you set it for hearing. I would testify though about the late payments…as late payments tend to show bad faith. Interesting how someone can file for custody when they don’t pay their child support on time. The court has said that you can have visitation even if you pay no support, but if your ex has the funds and just is paying late to be a pain…that is bad faith.

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

Thank you for your answer.

The parent is certainly in bad-faith. He has a very good paying job. However, has never made a child support payment on time, since our temporary hearing. Has many times been late for his visits with his child. Has brought the child back later than the order stated. Does not ever call about his child between visits. He really does not want custody, just wants two nights every other weekend. He only gets one night every other weekend now. Do you feel the Judge will give him two nights? Will the Judge address the issue of back arrears for child support or is this another issue?

Thank you for your time.


#5

Dear Sunny:

The court will most likely give him two nights every other weekend, even if he is late, etc. The court will only review child support arrearages if you set them for hearing. 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

Thank you Janet.

Now an update on the hearing. You was correct to state that he would get Friday nights. The judge told us we had to come to an agreement in the hearing. I just gave in and gave him Friday nights, I figured the Judge would anyway. Well, he did not get anything else, no holidays, no summer vacations, just every other weekend. The Judge stated his track record was not good. The Judge also increased the amount of monies he was paying on the arrears. Also, if he is late ONE time, without a life or death reason, he will get his visitation changed.

Just wanted to let you know how it turned out. Thanks for the web-site and the time it takes to answer questions.


#7

Dear Sunny:

GREAT!!! I am glad that he has to pay more and that the judge was made aware of his continuing negative behavior. I am sure he will be late again…so great for you and your child! Thanks for updating us on the hearing.

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

Hello:

I receive child support through the child support enforcement in Raleigh. Also, my c/s is handled by the local clerk of courts in my county. I didnot go to social services.

My questions: Is there a difference if I let my attorney handle the child support? I donot feel the clerk of court is doing a good job in the collection department. Is it worth the money to pay an attorney to get involved?

Also, I am due to go to court in March for my final hearing on child custody. I have been under a temporary order. At the temporary hearing the child support was a issue, will it be brought up at the final hearing?

Thank you.