She would have to prove that there was a substantial change in circumstances. In order to increase child support based on her decreased income, she would have to prove that she has not decreased her income in deliberate disregard of her obligation to support her child. If she decreased her hours to stay home and care for your daughter she might be successful in increasing support. If she decreased her hours because she didn’t want to work anymore, it is unlikely child support will be reduced.
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
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.
Sounds like my situation a lot. My ex remarried a man who inherited a lot of money and she has not worked in nearly 3 years at all. Fortunately, she will not try to take me for more money, but I think the laws need to be changed so that a person who marries someone of means like this cannot stick it to the person who is paying their court ordered support. Our child support system in North Carolina needs a total overhaul!
I wanted to clear up an issue that may be causing confusion. If your spouse remarries and quits their job that does not automatically justify an increase in child support. Quitting their job must somehow be related to the children, i.e. they quit to spend more time with a young child, or a child with special needs. If they just quit because they no longer need to work, generally the court will not modify support.
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
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.
Child support can be changed any time there is a substantial change in circumstances. The three year requirement is simply the period of time after which a court will assume there has been a change in circumstances.
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
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.
My husband and his ex-wife came to an agreement on child support prior to their divorce. I drew up papers and they both signed them and had them notarized. When the divorce papers went to court the amount they agreed upon was put in the divorce papers. His income has not changed very much since that time but she is now remarried and decided she only has to work part time since her husband makes a very good living. Can she take him to court and ask for more money because she is only working part time or just to be spiteful because right now they are fighting over their 11 year old daughter having a myspace account ?