I Need options


#1

Let me first say Congratulations on getting your son. I know how much time you lost with them for a while. I’m so glad for you [:)]

If she sincerely has no issue with signing the agreement, could you take it to her and have her sign it? If she is having any type of visitation with your son, could you not take the paperwork with you and arrange someone to notarize? I know that you are out of state but this sounds like you need to “take matters into your own hands” so to speak and make sure it gets done. Maybe she’s not stalling to keep the child support payments, but this way you would know for sure…would she be required to pay you back any money over since June in this?
I don’t know about sending the papers through without her signature. It would seem that possibly the judge would want to call a hearing and require her to be there to agree or would tell you to get them signed and then come back…Maybe the attorney will respond soon.


#2

You should file a motion to modify child support as soon as possible. You should continue to pay until a new order is entered, however, the court can modify support retroactively from the date that you file the motion to modify. You can find the form on NC Courts website in the same place you found the form you refer to below.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#3

Will filing that paperwork without her signature essentially be the same as filing for modification, or do I need to go through a whole other process? The instructions on the form make it appear that if both parties have not signed and notarized them, that the judge will call both of them before him (i.e. a hearing?). I’m also wondering that since my son has been attending school here for 10 weeks, isn’t that considered establishing residency under the Uniform Child Custody Jurisdiction Act? If that’s the case, I also have the option of filing for custody in the state where we live now.


#4

When you file the motion to modify, if it is contested this matter will need a hearing. You should contact the clerk in your county to find out how to set this matter for hearing. If child support is modified at this hearing, the court can modify this retroactively.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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 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.


#5

Since you are out of state go to the local office in your county WHERE YOU LIVE and explain the situation. They can help with contact to the NC Child support agency.
I know this may seem harsh cruel and unusual but, take the child with you and unfourtonetly as it is the office may not understand and or beleive the entire situation, ensure you have any and all supporting documents, school records, doctors records anything and everything showing the child has lived with you. The NC Agency can have a hearing to move the case to where the child lives being your county requested it and the child no longer lives in the NC county request the agency to place a hold on any payments until the matter is resolved. THE STATES ARE MANDATED to work togather on these issues,

IT CAN BE DONE BE PATIENT HUMBLE AND WITH ALL THE EVIDENCE PRESENTED AT YOUR FIRST INTERVIEW IN YOUR COUNTY. Also ensure that the effective date of support reflect any overpayment to your former spouse if at all possible for the months that the child has resided with you in your state.
The agencies are faced with fraud daily by deadbeat parents ensure you are creditable with your actions and expalnations to the issue.


#6

This summer, out of the blue, my ex handed my twelve year old son over to me. He’s been living out of state with me since this summer. The ex and I both signed a “non-legal” agreement for me to have temporary custody of him. Now that I’ve sent her the actual legal paperwork ( form AOC-CV-615) to sign so all this can be “official” she keeps “losing” the papers or claiming she’s sent them, but the tracking #'s from UPS show otherwise. Meanwhile, I’m still paying her the much needed support payment for my son that I’ve actually been caring for since June. What other options do I have to get this resolved quickly? Can I just send the AOC-CV-615 to the Judge without her signature on it? I’m running out of options and time. Any suggestions would be greatly appreciated.