CS Modification Request


#1

Hi-

I went through a child support modification case recently. I’m by no means a tax expert but if his band is setup as a business with its own EIN he should be paying taxes on any earnings. As part of the child support modification, you both should have to provide w2 and tax information to the court. So you should be able to see his total earnings by his tax return.

By the way, if you just saw this courtdate on the CSE website I don’t think that is good enough. I think you have to be sent via certified mail a notice of the courtdate plus a request for your financial info to be submitted. That’s what I had to do anyway when i filed for child support to be modified.


#2

I agree that finding out online should not be the case. He filed for a modification earlier this year and the same thing happened. I found out online. I called my case worker several times and I received the paperwork about three days before the court date. I arrived at court and the ex didn’t, so it was dismissed.

I recently moved to FL for a new job and now I have to drive all the way there, take my daughters out of school and who knows if he will show up.

Anyway, I thought they had to request all the financial information before the court date too, but that isn’t what happened earlier and isn’t happening now.


#3

When I did my child support mod I filed on June 9. All paperwork was submitted for a courtdate and paperwork requesting all his financials including w2 and tax paperwork. Our courtdate was August 8. When we went to court my ex said his employer did not have time to get his w2/salary info together + he had not had time to talk to his lawyer (which was total bs). The judge continued our court date until September 11 but told the ex he had to provide me his financial no later than July 21 and not to come back in her courtroom without having provided me those financials.

So to answer your question:

  1. Yes there is a process and they should be requesting your financials prior to court and they should be notifying you of courtdate both in a reasonable amount of time (which I think is at least 3 weeks).

  2. If they give you an unreasonable amount of time to prepare (like 3 days) you should be able to state you need more time and get a continuance.

But I’m not a lawyer and just speaking from personal experience maybe Helena can elaborate.


#4

You should bring the printout from the website when you go to court. You should also make sure you tell your caseworker this as soon as possible. If the modification is already scheduled the court will hear it based on the evidence that is already available, the caseworker will be entitled to ask him questions about this extra income.

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 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.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 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.


#5

Just a quick update for anyone interested.

My ex told me he was going to drop the modification request, so I should not take my kids out of school and drive all the way to NC. I told him as long as it was on the docket, I would be there.

We were in court on Monday and guess what, he was sitting right there in the courtroom.

I told the caseworker that he was not fully disclosing income. We ended up in front of the judge with copies from the band’s website (including his picture) in full color. I also included a listing of gig dates, obtained from this website, since March.

He told the judge it was all charity. He and his brothers own the band, but don’t make any money. They do have musicians that they hire and pay. Basically, the judge called BS and had a few other things to say. She continued the case until February to give him time to file his taxes. She subpoened three years of tax returns, financial records and bank statements. When I asked the CSE attorney if that could include his parents accounts (which is where he hides the money), the judge re-stated her subpoena request to include “anywhere the money is flowing” - she wanted bank statements anywhere the money was being deposited - his personal accounts, business accounts or anyone else’s accounts.

It was almost worth the 8-hour drive!


#6

Good for you Robinp. Glad to hear it worked out for you!


#7

yeah for you robin!


#8

Glad to hear that it went so well for you. I wish you the best of luck.

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 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

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780

ROSEN.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 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.


#9

My ex-husband has filed a request to reduce child support. I just found out I have a hearing set on the 20th when I saw it on the CSE website (my account).

My ex has a regular job, but also plays in a band with his brothers. I know that he is making additional income with this. The only thing I have, though, is a listing of dates that they are playing, where and when (from the bands website). They play approx. 6-10 times per week, so should be making decent income.

The band was setup as a Partnership with its owne EIN when we were still married (years ago). I am certain some of the money they are paid is by check and a 1099 issued, but some is cash and they do not disclose it.

When I appear at the hearing with CSE representing me, I know he is going to say his regular job is his only income. I, of course, will notify them that it isn’t the case. Will the judge order him to provide documentation on the band income, records, tax returns? What can I expect at this hearing?