Going back to school - CS modification


#1

Dear Marley:

Greetings. That is an interesting clause to put into a court order/agreement. Basically your husband wants to voluntarily reduce his income and pay less support, which I don’t think the court will allow him to do, even with the clause in the agreement, but I will be interested to hear what will happen. My suggestion is to start sending letters to her now to document the plan to go to school, and also to look into part-time programs for your husband in the event the court will not reduce his child support. 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.


#2

very intesting. Since depending on the field after he finishes grad school he will earn more money and therefore pay more in CS I would think that given the clause and the potential to earn more money It may be better for the child to take a reduced payment for two years and then the increased payment until after highschool. All this of course depends on the age of the child the younger the child the better for the child to allow the father to go to grad school. And aren’t courts supposed to look after their best interests.

jnewman


#3

Dear jnewman:

Greetings. People are not allowed to simply modify child support whenever the mood hits them, and it seems that this suggestion would be great, if the clause in the agreement/order did not exist. 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.


#4

I have a question. Two years ago my husband decided to return to graduate school full time. He began taking prerequisite courses to prepare to enter school in August 2006. At that time, he and his ex had joint custody with no support order. When we got married, his ex threw a fit and started alienating my stepson. She decided to move 30 minutes away and wanted him to choose to go with her. She sued for child support and custody. My husband wanted what would make SS happy so he signed papers agreeing to give her full physical custody and a child support order was agreed upon. However, knowing that he would be quitting work to go back to school, he had a stipulation put into the agreement stating that she realized he would be quitting and child support could change. She signed the order. My question is…he is starting school in August and we will be moving 2 hours away. What is our chance of having the support order reduced. Not that we’re trying to shirk responsibility but since the order was signed she hasn’t stopped alienating stepson to the point that we barely see or hear from him anymore. She has a good job in law enforcement and could easily afford to keep him “in the lifestyle to which he’s accustomed” if the order is reduced. Any advice on what our chances may be or the best way to go about effecting a change this summer?