JUSTICE for the good guys


#1

WOW… okay I cannot answer your questions, but I can make a suggestion… Can you contact the children’s doctors and give them a credit card to keep on file and charge at the time of the visit? Your husband also has a right to get any medical records to determine what his money is paying for. One question, I do not mean to pry, but my husband and I have 3 kids between us… NEVER have we had 300.00 a month in medical co-pays… even when my son had to go to the emergency room. Unless the children have chronic medical conditions, I would read the medical reports and talk to the doctors about the reasons for the visits… are they frivilous? Now if this includes dental, I can see the charges being high becaus eif any of the kids are in braces that are not covered under insurance, it can be costly. My son’s dentist did have it set up for my ex to pay and recieve the tax credit… but alas he didn’t pay so I had to, that is a different story. But what I am trying to say is that your husband can pay directly, but he is going to have to contact the doctors and dentist directly. He can stress that his ex is not giving him the full story as far as treatment and request that the doctor keeps him informed. If your husband has kept good records and can find inconsistancies in the amount of his obligation he can file to have it heard in court.

I do not agree with you blasting Rosen for what another attorney has done. Rosen has help numerous people who, like your husband, cannot afford an attorney. They give answers and guidance for those who HAVE to file themselves. They do not make money on this forum, if you will notice there are NO advertisements on the page. They have this forum just to help. Oh I know they make money, would you work for free? This forum isn’t one of the places they make money from.


#2

Wow thank you for a response
I did not mean to blast rosen I am just ignorant as of this date to the benefits…You mentioned about them making it affordable for those who can not afford a lawyer
Can we appeal the support that was set?
I mean rosen does make it simple but the Judge apparently doesn’t believe in it or something
My husbands to date income from Jan to July was $30,392.74 (that is with all that over time)
Last year he made $46,976.o8
She claims $224.00 a month for ins. (which is another thing…Dad’s ins would only be $68.00 PLUS the co pays and medication are cheaper!
Her income as stated by her lawyer was 29k
And we heard the Judge type into the calc. 28 something
SO
He raised Dad’s income
Lowered Mom’s
and called it a 62-38 split
According to this rosen
That is INCORRECT
What can be done about that?
I REALLY think it must be personal
I mean she lives in the county and he doesn’t
There court date wasn’t on Edwards Doc schedule either (wierd)
and the person making the schedule is the same last name as her lawyer (wierd)
And we had to be ready to come out of state at a moments notice
Why doesn’t the Judge have to abide by the official notorized employeement records?How can he just Change it like that?
Could it have been human err?
Then what can be done about it?
I’m going to write him a letter assuming that he accidentaly made a mistake and send it along with his pay records?


#3

Oh yes
They are on concerta two of them 4 prescriptions 2 a piece
her for weight loss after seeing how it affected her brother
(this has been admitted with in the family)
the 17yr old has birth control
Daily prevacid for the 13 year old Doesn’t that stuff WORK over time?
the youngest also has siezures and takes depekote (which is the worst medicaly and the cheapest to care for)
Plus they all have to have braces
and teeth bleaching etc.

I am really surprised she has yet to submit the kids’ cell phone bills and tanning packages and hair highlighting fake nails etc.
The 13 year old lives on a career woman’s high maintence budget!
Today I have a total of $337.00 PER MONTH over what ins doesn’t cover
$189. of it being braces

I really need help with ALL of this…It seems SO insane that at times I wonder Am I blind to something? What am I missing? why does it all sound so crazy and unbelievable to me? That is why I want answers…maybe there is a part of this I don’t understand?


#4

How is it worded about the insurance? Does the agreement state that the father must keep insurance on the kids or does it say the father must pay for the insurance? Sometimes the way things are worded would allow changes to be made without going back to court. If your husband can insure his kids in a more economical way, I do not see why that would be a problem to change. I also don’t think a judge would say any different (BUT they can be unpredictable). I do not know what all these drugs are for, but if they are medically needed then it is his responsibility. Birth control most times is not medically necessary, but it is well worth the investment, the alternitave could turn a promising future on it’s ear… really fast. Braces should be covered, BUT teeth whitening is cosmetic. It looks like you two can’t afford to not have an attorney. Check some of the sites that fight for father’s rights. There you may find a lawyer that can fight for your husband’s rights and protect him financially. Your husband can file to have the child support reduced if his income has dropped. Is the child support payed through the state?


#5

It appears there are two issues here, first you believe your child support amount is too high, second, you believe that he was treated unfairly by the court with regards to medical expenses.

Unfortunately, once an arrearage has accumulated the court is often not very sympathetic towards the party that has not paid, and this cannot be modified retroactively. That is why the court ordered him to pay the medical expenses.

If the child support amount is too high, you need to start saving receipts for your expenses, make a spreadsheet of every dollar in and every dollar out, be prepared to justify these expenses to the court. You will need to file a motion to modify child support and a motion to deviate from the child support guidelines. You must file a motion to deviate from the child support guidelines or the court will not consider this request. You can then go in front of the judge and explain the financial situation and then ask them to set an amount of child support that your Husband can afford. You need to make sure that you have no arrearages when you go back to court, if your Husband has arrearages when you go back to court, the court is unlikely to grant him any leniency.

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.


#6

He was in arrearage in medical for what ins. does not cover simply because his outgo with those bills was more then his income…He worked over time to get caught up and THEN they RAISED child support based on this over time that is NO LONGER available.
He is no longer behind.
But he is paying out 1265 a month
and only clears 2400
That IS Poverty level for 1 person
He should be allowed at least 800 to get himself back and forth to work and to feed, shelter and clothes himself

Where is it I find the forms to deviate from the guidleines
Will I be able to fill them out and submit them my self?

What about if the divorce states a child will “drop off” when she reaches the age of 18 or graduates high school which ever comes first

Can the payee Have the order changed and make him pay during her college years if she is living at home or on campus?


#7

" saving receipts for your expenses, make a spreadsheet of every dollar in and every dollar out, be prepared to justify these expenses to the court. You will need to file a motion to modify child support and a motion to deviate from the child support guidelines. You must file a motion to deviate from the child support guidelines or the court will not consider this request. You can then go in front of the judge and explain the financial situation and then ask them to set an amount of child support that your Husband can afford. "

Really, honestly, can this be accomplished with out hiring an attourney?


#8

" Check some of the sites that fight for father’s rights. There you may find a lawyer that can fight for your husband’s rights and protect him financially. "

Thank You

Yes child support is paid through the state
Will the enforcement agency there help us?

Can they submit any of this paperwork for us?
Isn’t it unusual for the obligor to go to them for help?


#9

What I have suggested is complicated and time consuming, but not impossible and can be accomplished if you are willing to put forth the time and effort to do it.

You can find the forms at www.nccourts.org, you should go to the forms section.

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.


#10

My husband is one of the good guys when it comes to divorce and child support and I am tired of him being bled to death.
First Question. I have heard that a Judge is not allowed to order you into a poverty level when setting a support amount is that true? And if so what are those guidelines in N.C. and how will that affect him living in a different state?
Secondly. He has been responsible for 100% medical that insurance does not cover for 5 years, which racks up to around $300 per month.
He is not behind on the child support but fell behind on these “re imbursements” to his ex wife whom submits and controls what he owes by showing receipts from co pays, prescriptions, and even payments made to a doctor UNACOMPANIED by a visit or any explanation at all.

Long story shorter, obviously he fell behind, she sued him, won, and the Judge orders him to pay an extra $500.00 per month until this arrearage was caught up.
So he BEGS and PLEADS with his employer for overtime so that he can pay for this $500.00 he was ordered to pay… Job says yes, he gets it paid
IN THE MEAN TIME…his ex wife knows this 500 is coming from somewhere, so she pays a lawyer to get the judge to raise his child support based on this “overtime” because it is a 15% increase in her support so it is allowed.(of course there was non legit reasons brought up also but Judge had a ruling on the 15% rule) Problem is…this overtime was a special arrangement and not avail. His lawyer knew this yet didn’t argue it
The judge based support on YTD period
NOW
He is clearing $2400
And she is getting $1300 of that
Now I realize they calculate on gross and not net BUT
Can