From reading the consent order form; I think that would be used more for decreasing child support temporarily instead of permanently stopping child support due to a child aging out…though it does look a little easier than trying to modify the support amount.
You have a court order now and not just an agreement?
It’s very confusing…hopefully, the attorney will respond on this one.
have you spoken to a child support officer? What we were told is that if both parties can agree to sign the consent order and settle on a specific amount of support it does not much matter what your income is. In our case we offered more than the amount she would have gotten if she went to court.
There is still one minor child remainijng to support in this case. What I am proposing is that we simply half the payment. This may not be as much as she might get if we go to court, but it would keep her from having to actually appear, which is her biggest problem with the process.
If the two of you agree to a child support amount the court will not invalidate that amount unless they believe there is something manifestly unjust about it. It should not be a problem if the worksheet does not show income for her.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
OK, I have been advised that instead of going back to court to modify my child support, now that one of my children is an adult, we can enter a consent agreement. I have the form, but have a serious question. It says that we have to attach a child support worksheet that reveals both of our incomes. The issue still exists that my ex has no little or no income because she has not worked a full time job in nearly 5 years. On the back of the form is a place where the court approves the consent order. If the worksheet shows that she has little or no income, isn’t it likely that the court would not approve the consent order? Also, it is going to be extremely difficult to impute income to my ex because I seriously doubt that she will be willing to reveal to me her exact income that she may bring in per month so we can enter that into the worksheet in the first place. Neither of us can afford an attorney, and she has stated time and time again that she does not want to go back to court because she lives 150 miles away from the county where the divorce took place. What can I do at this point to see that the consent order is accepted?