CS Mod, Can EX file another after 11/10 motion denied?


#1

Dear Rosen Attorneys, I appreciate your taking a moment to help me.

Here’s the scoop:
Ex filed for a CS modification in June 2010 based on unemployment. Ex has been unemployed for years.

Judge heard the case 11/2010 (just 5 months ago) and denied his modification motion based on defendant’s failure to meet his burden of proof to show change of circumstances:

  1. Judge could not find that termination from defendant’s job was involuntary.
  2. Defendant showed recent spending patterns in the amount of ~$4K per month and therefore the court imputes income to defendant of $4K per month.
  3. Defendant offered no evidence of a decrease in the expenses of the minor children since last support order.
  4. Defendant did not offer evidence that a deviation of more than 15% between former order and new calculation exisited, therefore did not show substaintial change of circumstances.

We went to court today for NC CSE to intervene on my behalf because defendant has not paid CS since 12/2010. Judge granted the intervention and assigned CS to be paid through the state. In addition, judge required defendant to pay $20 toward arrears of $3,300 (which incidentally will take 13.5 years for him to pay back - Not very helpful, my kids will have kids by then.) Then judge told defendant he could file for a modification of CS.

WHAT? I just paid nearly 3K for legal representation for the 11/2010 hearing. That judge denied his motion and enforced the former CS order amount.

So my legal question is CAN HE FILE FOR ANOTHER MODIFICATION? I thought it has to be 3 years between filings? I was shocked that this judge suggested he file for another modification when the judge had a copy of the order denying modification (only 5 short months ago) in hand? I cannot afford to hire my attorney back again for another hearing. Can this go on forever while the children receive nothing?

Thank you for your time,
GS


#2

He can file for another modification, but absent any new facts I do not see that anything will change. I would suggest you file a motion for attorney’s fees as well to recoup what you are spending on this needless litigation.


#3

Thank you for your reply.

I guess I should find a way to hire my attorney back for another one of his motions but then ask for legal fees. sigh


#4

You are very welcome, I wish you best.