I am assuming that your Husband agreed to her proposal and his son has lived with him and his daughter has lived with is ex-wife.
Every state has child support guidelines, but each state uses a different standard set by their legislature. If child support and the arrearage was calculated based on California law, I cannot tell you if they took into account the fact that he had another child or not.
I think there are facts that I am missing here. Did he attend the hearing for child support in California? Did he tell them at that time that he had a child from the same relationship that was living with him? Because it has been over four years from the time that this order was entered, it is unlikely that he will be able to modify the arrearage amount at this point.
NC is not getting more involved because KY still has jurisdiction over the child support issue and only one state is going to take jurisdiction of this at a time. Your Husband may want to consult an attorney in KY to see what his legal options are, but in order to modify the order related to his son, he will need to travel to KY for the hearing, he needs to be there to give evidence.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
He was not in California when the custody was ordered. He was in North Carolina and he was informed that there would be a trial about a month from him receiving the letter. Due to his financial situation he had no way of traveling to California. They were not told of a second child and he did not “agree” to the situation of her having custody of the other child. It’s just something that happens when you dont have the money to protect yourself. At this point its not possible for him to travel to Kentucky. We just cannot afford it. Its sad that we dont have the money (loans are not an option due to credit) to take care of this situation. I’m sure this happens to alot of people. They have to accept what the law says even if its not right because they cant get there to fight it.
The reason all the facts were not taken into account was because he did not appear at the hearing. I realize the finances are tight, but this is one of those situations where he cannot afford not to go.
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
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
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.
My husband was married and had 2 children. His wife left him when his son was 2 years old and his daughter was a month old. She moved to California with no contact between them for several years. Only calling to say he could have the boy, she would take the girl. He was unable to contact her after that. Well, 5 years later, California did a foreign support order with North Carolina. Forcing him to pay arrears of $16,000 and $402. a month. California did not take into consideration that he had a child at home from the marriage that he was solely responsible for. She moved to Kentucky and remarried and Kentucky took over the order. It was 4 years from the time she got child support that he was able to get child support for the son. Kentucky has no arrears law so she was not forced to pay anything back. Under Kentucky court order, she is to pay $169.50 month, but is currently 7 months behind after only making a total of 8 payments every so often. Now, if he was to be behind by 30 days the sherriff is knocking at his door. Why should either parent have to pay when there are 2 children involved and each has one? He is told that for him to do any kind of modification, he has to TRAVEL to KY and sit in court. Why can’t NC get more involved in the pursuit of modification since they are involved with this case? Since he has been over paying according to the calculator for childsupport in North Carolina (because they did not take into consideration that there were 2 children) will she have to pay the overage back if there is a way to modify it?
What is wrong with this system that it could be so unfair???
Child Support should be a Federal Issue…not by state because this makes for seriously unfair circumstances especially if you are dealing with a state to state issue.