Filing Financial Affidavit Awaiting Response


#1

Hi Ryan,

I filed a motion to modify child support late last year. When I filed it at that time I indicated no financial affidavit, as I was not ready at the time and not sure I’d need to file a FA. Since then, ultimately I did file a financial affidavit. At what point should I expect reciprocation from the other party? given that the other party has had my filed FA for 30+ days now. I’ll of course contact them and ask to produce, but do they have to? is there a set response time in the rules?

thanks, as always,
ST


#2

The rules differ from county to county. You should check the local rules for your county.


#3

Thank you for your input. Perhaps a little more information would help? Wake county is the county. I’ve not seen anywhere in the rules that covers filing a financial affidavit after the motion to modify is filed. I see that there is a timeline in the rules for when a motion to modify support is filed with a financial affidavit. Do I need to re-file the Motion to modify and check the box that indicates a FA is filed? or do I simply file a Motion to Compel at this point?

thanks -ST


#4

15 days is likely the rule in Wake County. You should ask for the FA from the opposing party.