Income data


#1

You do have the right to retain private counsel to represent you in a child support matter and you can seek attorney’s fees from the other parent if you are forced to so so. I do not know what steps DHS or child support enforcement will take to prove the income for the other parent as I do not work for that agency. I know that in cases where you believe the other parent is concealing money, it is often very hard to prove, especially in an instance where one parent is self employed. I would run the child support numbers and find out what child support you would get if your attorney or DHS could prove the other parent made what you thought they made and the number that DHS is saying they made and see if the difference is significant enough to warrant hiring your own attorney.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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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 but a full discussion with an attorney should be undertaken before taking any action.


#2

What can/will the state (DHS) do to make sure accurate income data is used for determination of CS? Several times prior to this modification the NCP has provided numbers unsupported by any proof, such as payroll or income tax. If the state is not aggressive in pursuing the accurate income, can I refuse to sign this modification? Should I be using a separate attorney in the first place and not relying on DHS?