Custody/Child Support Questions


#1

Dear KLS:

Greetings. First, there is no one year deadline to file for permanent custody. That is not a true statement, unless the court has imposed such a statement or it is in the local rules for your county.

Next, unless she is disabled, you can ask the court to deviate from the guidelines since she is voluntarily depressing her income in bad faith. The court can make her pay more than $50.00 a week and if her lifestyle is a nice one, then I think that you can definitely convince the judge of that…since child support is about giving each child their parents’ lifestyle benefits.

Yes, you can ask for medical expenses and should. All medical insurance premiums are included in child support - whether or not they are paid through an employer or paid by cash for someone that is self-employed. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you, in advance, for your help.

My stepson lives with his father and I; his father has primary custody. Despite the fact that the judge found in our favor for both Emergency and Temporary Court, we feel as if the biological mother is going to push to go to trial. The Temporary court date was October 14, 2004, but the order wasn’t signed until November 19,2004. I know she has 1 year to file for permanent custody/trial from the date of the temporary order, which date would be the deadline for her to file?

We are going through the child support enforcement office to receive child support from his biological mother. She has never offered to pay anything and since she is married now and has not worked for 10 years, the court can only make her pay $50.00 per month. This is despite the fact that she has the ability to pay more and, in my opinion, should offer to pay more if she truly cared for the welfare of her child. From reading your website, I understand that support payments for medical expenses are above and beyond the child support payment. Can we ask for money above the $50.00 for past and present medical expenses and do you think the judge would be willing to order this? (I realize, from your website, that insurance premiums that are deducted, pretax, from an employer do not count. I am talking about health insurance we pay on our own and expenses we pay that ARE NOT covered by insurance).

Thank you again and have a great day.