CSE Modification/Review


#1

I believe this is correct in that subpoenas remain active until the judge either dismisses them or the case. If he does not show up in Feb then it’s likely that the judge will dismiss the case unless he has an attorney that will go to court or file an extension.
I think that all these will have to be separate cases. I don’t think that the review through CSE necessarily has to go before the court unless your ex fights producing the requested documentation. Then CSE will file on your behalf.
If you request a review and CSE finds that an increase is due, then it would not be retroactive because child support would be based now on either the original agreement/court order or on the last review.
The only thing that would be retro is the payment for medical expenses, if he agreed to this and has not been compliant.

Btw, I’m very glad for you that you got some justice from this system…


#2

Thank you for your response and congratulations. This whole system is just messed up. He has not paid child support as ordered ever and CSE does nothing. They have never filed a motion for cause or anything else. Yet, when he files a motion for decrease, we are in court less than 30 days later.

He has never excercised visitation on an regular basis, yet he gets married and she decides she wants to play mommy and all of the sudden he files a motion to modify visitation, child support and custody. I have to spend I don't have, because he doesn't pay child support, to hire an attorney to fight his motion. He doesn't have for child support, but he has money for an attorney.

I have tons of medical expenses piling up that he owes half of and more to come and again, I have to hire an attorney, as a separate case and still may not get the actual $ for some time.

I’m just so disgusted with the whole system. It makes it hard for everyone. Good non-custodial parents take the rap for all the bad ones.


#3

Can you tell me what specifically was continued until February?

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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

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
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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.


#4

The hearing for my ex’s motion to decrease child support was continued until February.


#5

If he dismisses his motion to reduce then yes the documents would no longer be required. However, if you believe he is not producing them because he is trying to hid the fact that his income has increased, you could file your own motion to modify and ask for the same records.

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.


#6

Okay, got it. Thanks for the response.


#7

Now I have a new, but related question. CSE really sucks at their job, by the way, and they cannot answer me question.

So - ex filed for a reduction in CS and I told the attorney and judge that he had additional income from side self-employment that he was not disclosing. The judge continued the case until February and ordered three years of financials, tax returns, banks statements, etc. to be provided at the date in February.

Since he filed the motion to reduce, my understanding is he can simply not show up in February and the case would be dismissed. Does the subpoena for the financials still stay in play? Will he still have to produce?

This month is the three year mark and my case is up for review. We have both been asked to provide income, insurance and daycare expenses for the review. I am certain he will not provide the additional income at this time. My case worker says he cannot do anything until he produces the subpoenaed documents in February.

If my ex does indeed produce the documents and it shows the additional income, then his motion to decrease would just be dismissed and the documents could be used for the review. If CSE find an increase in justified what is the process? Do they file a motion to increase and will it be retroactive.

Should I file a motion for increase based on additional income on his side and try to have it calendared for the same date as the continuance in February?

On top of this, my ex has not been paying for 1/2 the uninsured medical expenses (ever) and I have to file a motion to show cause. Again, he is going to state he doesn’t have the $ to pay because a large chunk of his check goes to child support. I will need the judge to see his additional income. This is totally separate from CS, so I am assuming I would have my attorney subpoena all the same information that would be used in the CS case. Is there anyway to get this all together in a single court case?