So I got my court summons for the CS court hearing , i got a lawyer b/c i wanted to be safe. On the summons my stbx had put a false date of January 2018 of separation when the real date was December 2018. I already have proof/evidence that the correct date was December 2018. If my stbx has a lawyer of her own why would a lawyer put a false date on a legal court summons? My prediction was she was trying to get arrears so she could get more money ( meanwhile making a false allegation on a legal paper ) , or maybe for her immigration issues she has to fix on her own . My lawyer mentioned that most the time the judge will go by the calculator on the amount of CS. I will be giving him all the docs he asks for . I find it amazing how me doing everything right for my daughter doesn’t give me any benefit of the doubt when im paying the rent , utilities , insurance , food for my daughter currently since she was born. Since she doesnt work looks like ill be paying 900 a month , if i show them all the proof of what ive been doing since her birth will I get any consideration at all? Im lucky enough my parents did move or else id be home less right now .
If your ex’s lawyer alleged the wrong date of separation in the court complaint, it’s because that is what his/her client told him/her and your ex had to sign a verification (attached to the end of the complaint) stating that the contents of the complaint are true and accurate to the best of her knowledge. You should file an answer to the complaint denying your ex’s alleged date of separation.
It is correct that child support is determined by the child support worksheet which is based off of each parent’s monthly gross incomes. Unfortunately you do not get any financial credit for having provided everything for your child since the date of separation but the judge will see that you have voluntarily provided support and it is less likely that the judge would order you to pay any arrears.
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 my lawyer proves that allegation was wrong does that help in my favor? Also alot of the child support allegations are very generic . If all my voluntary evidence shows I always supported my child what other angle does the judge have to go directly by the guidelines?
The date of separation is important for valuation of the marital estate for equitable distribution (ED) purposes. So if you can prove the actual date of separation, then this could help you in ED.
Child support is determined by the child support worksheet which is used in all cases in which the combined monthly gross incomes are less than $30,000. The judge can consider that you have voluntarily financially supported your child during separation and the judge is less likely to order any arrears.
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.
Makes sense. My other question was I usually watch my daughter on the weekends but since the court date is soon and because of all the hostility there is always a confrontation every weekend even going with a family member isnt working . Im thinking maybe i should just stop picking my daughter up until the court order is official that way I avoid the confrontations , the traps because ive just been lucky to avoid trouble.
If you mean that you would forgo your weekend custodial time with your child, it would not be advisable to do this. It could look like to the judge that you do not want to spend time with your child and therefore should not be awarded custodial time.
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.
I understand that my issue is the mom has been very hostile every weekend I try to get my daughter . To the point where even coming with a family member isnt really safe anymore. Since we dont have a court order yet I dont feel safe or comfortable even going to pick her up, I will try getting the mom to go to a public place or something . But I just dont want to risk anything especially since our child support court is coming soon. Im still supporting my daughter with the rent, food , utilities , and anything else she needs.