How do I change incorrect child support amount?


#1

If you go to the forms section of www.nccourts.org, you can find forms to file a motion to modify child support. Child support can be modified from the date that you file the motion to modify, but it cannot be modified retroactively. That means that you would be liable for any past due support.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#2

My ex husband has primary custody of our son. According to the visitation agreement, I have my son a total of 126 nights out of the year. At the time this agreement was drawn up, I also made 1/3 (approximately) of our total income, and had my son approximately 1/3 of the time out of the year. When my ex husbands lawyer filed the paperwork with the court, the document that she filed basically said that my husband had my son 100% of the time and I should be paying him “X” amount of money a month. According to all my calculations, I should not be paying him anything, yet they filed paperwork to have back child support paid for the period of time when he had temporary custody (1 year). I am now over 5k in back child support due. I do not have this money, have never had this money, and I do not feel I should be paying him anything. I have never even had the money to pay for an attorney to take this matter to court. So I guess my question is, if I feel that the amount that was requested for child support is incorrect, what do I need to do, without having an attorney, to fix this? Since this decision has been made, my ex husband also moved out of state to Georgia to move in with his new girlfriend with my son, and is also refusing to pay any transportation expenses for me to come visit my son. So basically, he is expecting me to pay him $350 a month in support plus pay for all transportation and hotel costs (generally $500 a month or so, that is for one weekend, I do not have the finances to travel 8 hours one way, 2 times a month). Is there a specific form or anything that I can file to have this case looked at by the court? I am at a loss here. I am no longer working, and I do all I can for my son, but I just cannot afford this. When I do have my son, his father will not even provide diapers or clothing for him, so I am expected to pay him $350 a month while he is making over $50,000 a year and I do not work, so I am using money I do not even really have to travel to see him and buy him clothes and diapers. What can I do without a lawyer?