I had false criminal charges filed against me. I turned myself in and was incarcerated for five months. I was released on bond and a condition of my release was for me to move out of state to my parents. I had to concurrent child support cases in two counties. The one county only held me responsible for $50.00 for each month I was incarcerated and lowered my child support obligation to what I was making with my new job. The second county held me responsible for my original child support amount for three years until my charges were finally dismissed. The judge found that the condition of my release, moving out of state, was a substantial change in circumstances. She only adjusted my child support from the time I filed instead of when the change in circumstances happened. She also held me responsible for the original child support during the time I was incarcerated.
How does the Federal Law 45. C.F.R. 302.56(c), incarceration may not be treated as voluntary unemployment in modifying a child support order, affect my case? I don’t understand why one county honored this and the other county did not.
Also, I was told that the county child support attorney does not represent the plaintiff. The North Carolina State Bar 2010 Formal Ethics Opinion 5 states that the lawyer representing the CSE program does not represent the custodian of the children. It would defeat the purpose of the CSE legislation if a client-lawyer relationship were automatically created between the CSE lawyer and the custodian of the children because the lawyer would be unable to pursue any future child support action against such custodian should support and custody obligations switch. In this county, the county CSE attorney acts and sounds like he is representing the plaintiff. He talks and argues on her behalf. This was not the case in the other county that I had a concurrent child support case.