Child support


#1

Here I am again and here is the situation- this is actually not for me but a friend

SITUATION:
He was let go from his job.
Umemployment not kicked in yet and not even sure he will get it- company may fight it- Because of the way he was let go
Child support- $500 a month
Thought his company was going to pay him his 2 weeks of vacation- they are fighting it- so now he has no income- been off of work for 4 weeks now- he is getting $0 money and no unemployment as of yet-

2 questions
Once umemployment kicks in- is child support based on that new figure?
If he is not getting any money right now- how will he pay child support- once he gets a job - is that when he will need to pay back child support?
thanks


#2

If the father moves to modify support it can be based on his unemployment, but unless and until he moves to have support changed, the $500.00 amount is the amount owed, and as he falls behind he will incur arrearages which will need to be paid in the future.


#3

what if anything can he do for the weeks he is not working and not getting unemployment?


#4

He needs to file a motion to modify.


#5

OK thanks- can you tell me are there court cost to file a motion? if so do you know an estimate of those cost.

If he files a motion (based on no job and no unemployment) but then starts to collect unemployment does he need to file another motion to pay the correct amount based on his unemployment? He did call the unemployment people and ask WHY it has been 4 weeks since he applied for unemployment and was told that someone from NCESC will contact him and not to call again- he was told it had nothing to do with his company fighting his unemployment but it had to do with the number of applicants and they will get to him in the order they received his application. Does that sound right??? 4 weeks and no call from NCESC yet? Can’t take that long. Have you heard of this long wait before?


#6

There is no cost to file a motion in an existing case. The court will address his future entitlement to benefits at the modification hearing, and may set a return hearing when benefits are received.

Unemployment does take awhile, especially in the current downturn.


#7

Erin- there is no existing case- what he does have is a separation agreement that included child support- that became part of his judgement- he did his own divorce. He is not ordered by the court to pay and he pays her separently- does having child support included in a judgement mean that a case exist? Not sure i understand since he is not ordered my the court to pay.


#8

If the Separation Agreement was incorporated into the judgement a case file does exist, child support is outlined in a court order and he will not have to pay a filing fee.


#9

Erin- can you give me an idea of what happens at a hearing- we are getting ready to file to motion to modify child support due to lost of job- I was told that the defendant will need to attend as well- is the hearing with a mediator or a judge? again any idea of what happens at the 1st hearing and once the motion has been filed with the court is it a long process to get on the calendar for a hearing? my friend has been without paid or unemployment for 5 weeks and was told it could take abouther 8-10 weeks before unemployment kicks in, IF at all. He has cased his 401K to meet child support and day care and dance expenses for this month but he has nothing for April. Should be provide all this documentation as well? I can’t find or find next to nothing about how this process works- thanks for your help.


#10

Any court hearing is before a judge. Mediators do not rule in cases, but can help the parties reach a resolution prior to a scheduled court date. Each county has its own set of local rules that lay out the scheduling method in that county.