Ex-Parte Expires

You should document everything that happens, in case you need it for trial/testimony later, by keeping a “journal” of what happened, who said what, etc. and the date. That way, when it comes time to present a case a trial, you have everything recorded rather than to rely on your memory.

If your child support is being paid by wage withholding, the child support agent will send your employer documentation on how much to take out of your check each pay period and where to send that money. If you don’t earn enough for the wage withholding to pay your full monthly obligation, you are responsible for making up the difference by sending additional payments to centralized collections. You do not get to chose how much will be withheld each pay period.

Yes, even though you are still married to the father, you are still required to pay child support if the child support worksheet, based on your facts and circumstances, determines you owe a monthly obligation.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

The facts and circumstances are overlooked. This order was signed 11/8/19. We are going to appeal this due to significant factors including but not limited to not following guidelines, substantial right and new evidences.
Any suggestions?
Thank you again in advance.

If you have newly discovered evidence which is material to the case and was not reasonably available with due diligence at trial, then you should file a Rule 60 motion for relief from the judgment.

You cannot appeal a temporary order. If this is a temporary order, then you should calendar a permanent trial instead.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you. I have no control over the calander. We are still on a wait list. I discovered and understanding I can Appeal a temporary custody support order in the appropriate time frame with the appropriate reasons.

Is there a rule 60 form?

Thank you.

Thank you. I have been informed I have a rule 60 motion in my case. I am not an attorney in understanding how to file this motion and verbiage this inside the motion. IE: judge ruled supervisors who live out of state to supervise me for one weekend per month, granted 9 hours per week unsupervised, states not to leave 2 county’s with no cause as to being a flight risk, imputed child support from me when I go to school, support groups and therapy as ordered and self willingness. Can you advise?
Thank you in advance.

There is no form for a Rule 60 motion. You have to draft your own, file it at the clerk’s office, and serve a filed copy on the opposing party (via their lawyer if they have a lawyer).

You cannot use a Rule 60 motion if you disagree with the ruling but you can use a Rule 60 motion for relief from the judgment if you have newly discovered evidence which is material to the case and was not reasonably available with due diligence at the time of the trial. Otherwise, calendaring a permanent hearing on the issue of custody in accordance with your county’s local rules for scheduling cases will be your best option.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you. Rule 60 needed to be filed with 10 days from order entered, from what I discovered.
Notice of appeal has been entered in accordance to timeline.
Thank you.

A Rule 59 motion for a new trial must be served within 10 days of entry of the judgment but a Rule 60 motion for relief from a judgment must be served within a reasonable amount of time after entry of the judgment but not more than one year after the entry of the judgment.

An appeal must be filed within 30 days of the entry of the judgment/order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Can an appeal to a temporary order push back the court date that is on a waiting list for a permanent custody hearing? Or are they separate?

Thank you.

I have an attorney who is not meeting their legal requirements to me as the client. Since I have not yet fired this attorney formally yet. Will the motions I am filing Pro See backfire on me?
Thank you.

Your permanent hearing will still move forward.

You can file motions pro se at any time, and they are still valid motions, but it would be best to ask your attorney to withdraw from the case first to avoid any confusion.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Can you please provide what entails domestic violence in North Carolina? Can emails and texts out of rage and anger without physical harm be consider DV?
Thank you.

Emails and texts, without more, may not be enough to be considered an act of domestic violence.

Domestic violence occurs when your spouse (or someone you’ve been in a relationship with, have a child together, etc.) (1) attempts or intentionally causes bodily injury, (2) places you or a member of your household in fear of serious bodily injury, or (3) continued harassment that rises to such a level that it inflects substantial emotional distress.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

If an attorney is technically still on record and their client files motions pro see with the case # the attorney on record is associated with. Does this go against any law?

No, but it would be a good idea to ask the attorney of record to withdraw if you intend on representing yourself.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

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Thank you.

How long does a hearing date usually calander after filing a motion to show cause?
What is the hearing/trial format? Where does a litigant find the Exhibit stickers for evidence?
Thank you

You should file a notice of hearing along with the motion to show cause. Check with your county’s clerk’s office or family court office - they may assign a court date. Typically your motion should be heard within a few weeks of filing it, assuming the other side has been properly served.

At the hearing/trial, you will testify and present your evidence of the violation and the other side will present evidence as to why he/she should not be held in contempt of court. Anyone that testifies can be cross-examined by the opposing party.

You can get the exhibit stickers from the clerk in the courtroom or you can mark your exhibits on your own as “Plaintiff 1” or “Defendant 1,” etc.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you. What needs to be presented for Child Support to be modified? I understand the Judge ruled a number based off guidelines but the #'s he was given were incorrect, my attorney misrepresented my entire case which left me in a hole and I am ordered to pay an incomprehensible amount of support.

I filed a notice of appeal for the temporary custody order in union county. I didn’t submit record on appeal to Raleigh, nothing has been sent to Raleigh. Will this notice postpone my permanent custody hearing date from being scheduled bc the judges office may think there is an appeal active?

To modify a child support order, you must be able to show that a substantial change in circumstances affecting the wellbeing of a child has occurred since the entry of the current child support order. For example, if one parent’s income has changed significantly since the entry of the order, this many be enough to modify the child support order.

However, it is presumed to be a substantial change in circumstances to modify a child support order if the current child support order is 3 years old and there is at least a 15% or more difference between the existing monthly obligation and what the new monthly obligation would be if a new child support worksheet is run using the parents’ current income.

Your permanent custody trial will likely not be affected.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.