I figured 28 weeks x 3 nights, came to 84 total. Alternating holdiays would add in what? 2 to 4 more nights, if you’re talking Mother’s Day, Easter, July 4th, Thanksgiving, Christmas just those days.
Dear FATHERDORIGHT:
Greetings. She will have less than 124 which is the minimum to be on Worksheet B. My suggestion - wait until this schedule has been for six (6) months and then file a claim for modification of the child support and child custody order.
POOR, POOR FATHERDORIGHT - how much longer do you have to be in litigation? Glad to hear the parent coordinator situation is working out for you though! Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
When or If I decide to file can I file in my county or do I have to file in Durham because thats where the case is already filed?
If you were ordered to pay child support by the Durham County District Court, then the Durham County District Court has jurisdiction of your case. The general rule is that two courts cannot have jurisdiction of the same case at the same time. Also, since child support is so closely based on child custody, the same court will almost always have exclusive jurisdiction over both issues.
As things stand right now, you need to file in Durham. You could try to get venue changed to the district court in your county; see NCGS 1-82, 1-83, 50-13.5(f), Broyhill v. Broyhill (1986, NC COA). You’d first need to file a motion with the Durham court, requesting that venue be changed to the district court in your county. Then, and only if your motion to change venue is allowed, you’d file a motion to modify child support in the court in your county. If your motion to change venue is denied by the Durham court, end of story and you file for modification of child support in Durham.
Dear FATHERDORIGHT:
Unless everyone has moved out of the county, you have to remain in the county where the case exists. Thank you.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
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.
At the beginnig I was ordered to pay child support(based on days and income) and I have primary custody but since a Parent Cordinator has interveined they know see how mom doesn’t really want the child so she no longer has him as often making her days cut so can any one tell me if she has the child every other weekend and alternating(yearly) Holidays how many days will she have? and should she be made to pay support.