Child support can only be re-evaluated every 3 years unless there has been a substantial change of circumstances…15% or more increase or decrease in income, moving considerable distance away, major changes in the childs needs…things like this.
If you just had child support evaluated and he’s changing jobs that frequently, it’s unlikely that any job he gets will be a 15% increase in income. If he signed the order then that is what he will be paying…I suggest that you pay close attention to his work and if it changes with a vast increase, immediately contact the social worker. In the mean time…my suggestion is to do whatever necessary to take care of your children because it’s apparent that your ex is not planning to do that.
He was not working at all when they made the order for 106. Now he has a income of about 38,000. So thats more than a 15 percent increase,but child support enforcement said they cant do anything about it for 3 yrs.
angela greene
Generally child support enforcement will only pursue a modification of support every three years. They should pursue the collection of the arrearages on your behalf. If his income has increased 15% you can pursue a modification in district court.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Chapel Hill, NC 27514
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I have a question my ex husband was working and avoided being served in the state of nc for 3 yrs. We got him served using child support enforcement and had a court date of august 25 then he got the date changed by saying he wouldnt get his paycheck till after court, they changed it to sept 10th then he came into the office said he is no longer working and signed a vol. order and they let him agree to pay 106 dollars a month for 4 kids thats not apiece thats it 106 a month. Now i got my first check today the 19th of feb. it was for 24.46 and it was a ganished amount, she said he still owes the 318 from nov,dec,and jan, and next yr 2009 when he files his taxes i should get it. Now here is the question my case worker said even though he is working making money we cant take him back to court for 3 yrs for a increase,why is that?
angela greene