Filing a motion of significant change


#1

Any ideas???


#2

It is well within your right to file an amendment to the agreement. Since your financial situation and obligations have changed, those factors need to be accounted for. Naturally, it would be less expensive if your ex would also realize these things and make an agreement with you without having to go through the legal channels. However, since divorce is ALWAYS more emotional than logical, you will probably be forced to file. Remember though, just because you file doesn’t mean you win. The courts may find that your income has actually INCREASED due to the increase in consulting and the decrease in furniture repair. Depending upon the amount they view the increase in income, the extra child may not make a difference. Work the calculator to see and then make your decision to file based on the result.

Hope that is helpful.


#3

You can ask a court to deviate from the child support guidelines, however once child support is set, you can only ask for a modification if there has been a substantial change in circumstances since the child support order. It is unlikely that a court would not include daycare costs into the calculation however.

Lisa M. Angel
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, NC 27607
(919) 781-1741 direct voice
(919) 256-1660 direct fax
(919) 787-6668 main voice
(919) 787-6361 main fax
NCdivorce.com
email: angel@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 but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you Ms. Angel for your time and help. And yes, there was a change, the birth of another child.


#5

Dear fatlilbeagle:

Greetings. You can definitely file a motion to modify child support and they have these motions on the AOC website. They are a form you can fill out. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#6

Hello, I am currently under a child support order and am divorced. I am required to pay daycare expenses, which I do, though about six weeks ago my ex-spouse and I agreed to my request that I will be the daycare provider for my twins (Mon-Fri 8am-6pm). She, however, refuses to relinquish the daycare money. Further, I was blessed with a new baby girl in February of this year, though the mother and I are not yet married, so I went to the county to set up support arrangements until we are.

Finally, when my separation hearing was held, my income was determined by my statements from my furniture repair shop business, as well as my national consulting business (I am a 1099 subcontractor). One is a grounded operation, the other is an on-site arrangement, all over the US and Canada. Consulting is sporadic and inconsistent but pays very well compared to my shop. Since I am required to take every consulting job that comes (or they will find someone else) I am undependable to my home-based repair clients, and that business has subsequently failed. What was a $65,000 yearly income has dropped to around $45,000. I still work on furniture at night, but it doesn’t pay very much.

My divorce hearing was held in July of this year.

I am strongly considering filing a motion to have the daycare money removed from my obligation, and asking that the court reduce my first obligation to reflect the addition of a third child and dissolution of my repair shop business.

May I ask your opinion?