Filing myself


#1

Dear neverending:

Greetings. The following link will take you to the Motion to Modify Child Support which the Administrative Office of the Courts has created.

nccourts.org/Forms/Documents/262.pdf

Before we go over any steps, do you currently have child support set up by the court system? Is child support garnished from your husband’s wages?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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.


#2

Here is where I get confused. We do have an agreement filed with the courts, but it is through the seperation agreement, and was mutually agreed upon. I called the child support division and they told me I basically had to start from scratch with this as it was not filed through their department. But the Trial Court Administrator told me all I had to do was fill out the form that you have linked in your reply. From my understanding all I need to do is fill this out, make a copy for myself, the ex, our file and the Judge and then they take care of setting the court date? Would that be correct? I thought no matter what I still had to fill out a request to calendar form? Thank you for your help!


#3

Dear neverending:

Greetings. Was your separation agreement “incorporated” into the divorce judgment?

If your agreement was not incorporated, then you should contact child support enforcement to file a new child support action. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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

I currently just picked up aprox. 75% of my ex’s time with our daughter, uand pon trying to agree upon only an additional 75 dollars per month from him for child support, he refused. And currently I am only getting 200.00 a month from him. I do not have the money to hire an attorney, but am not 100% clear on how to go about filing a motion to modify child support. Do I file the motion first with the courts and then get a court date set? Or do I get the court date and then file the motion? I have read I need to file the motion first, but on the forms through the Wake County website, they have a section in there to add the date of the trial? Could someone please tell me the step by step process I need to go about getting this completed?