Hire an attny or go through CSE?


#1

Dear SLB02:

Greetings. I would need to see the terms of the separation agreement that deal with the termination of child support before answering your question. If I saw that language, then I could answer. 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.


#2

Dh needs to pay less child support due to taking a new job that will pay less.

We (DH and I) understand that the courts will see this negatively, but DH only made a measly amount of salary at the former job, and he could hardly pay his child support on what he was making there. He interviewed with over a dozen or so firms in his expertise in the past 2 years, and most are commissioned-based.

So he took on a recent opportunity that will pay him 1/2 of his current salary. BUT…he has the potential to make so much more. This will be based on his commissions and bonuses. It may take a few months to a few years to nake what he made, or even more.

Lat week, DH filled out paperwork to CSE and they scheduled a “hearing” for him next week.

In the meantime, we called an attny. who said it was best just to “keep our mouths shut” and NOT go through CSE. His divorce is only based on a separation aggreement. He tried to negotiate a lower amt. to pay his ex, but her attny. sent a letter disputing this (of course).

In your opinion, do you advice the need to hire an attny? The atty. we talked to was very blunt, almost to the point of condescending. He didn’t bother US, but I would worry about him ticking off a judge. Not to mention that this is multi-layered (ex doesn’t adhere to child visitation schdule, there is no more expense for day care as he is 12, and we have 2 children of our own now, etc.)

Thanks for any kind of insight you can provide! We may just need to hire you1