It is legal for her to disconnect the phone. It is her phone.
You are correct it would not be legal for her to keep him from contacting his child regardless of how far he is behind in child support. He would have to take her to court to get access to his child and would probably win (and may get attorney’s fees), but the judge would not like the fact that he is behind in his child support and he could get thrown in jail unless he could pay the purge amount.
Child support can be reevaluated every 3 years I think. If he moved to Texas and it could be proved that he moved to try to get out of child support or reduced his income for the purposes of paying less child support, it probably would not be reduced.
It is legal for her to disconnect a landline, but no, she can not legally refuse to allow communication with a child.
Yes, child support and visitation/custody are considered separate issues. Even if he did not pay child support at all he would still be allowed visitations/communication.
To lower child support amount that would depend on their current arrangment. Is the amount he’s paying by court order, agreement, or just what he’s been paying?
If it’s court ordered then he will need to file for modification based on changed circumstances (decreased income). He will need to file in the same county that the original order was placed.
If it’s by agreement, he will need to find out if she is willing to allow the amount to be lowered. If not then he may consider running the calculator to see how much he should be paying and file for modification.
If he’s just been paying that amount, no agreement or court order, then he should run the calculator and begin paying that amount. The calculator is based on the NC Guidelines.
You are correct that custody has nothing to do with child support, however until there is an order entered that changes the amount of support he is legally obligated to follow the court order. If he cannot afford the child support he needs to file a motion to modify child support.
As for the land line, I am assuming she disconnected her own land line and there is nothing illegal about that. If he cannot contact his son and the order permits telephone contact he can file a motion and order to show cause and ask the court to force her to allow phone contact.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (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.
Is it legal for my boyfriend’s ex-wife to disconnect their landline. She refuses to answer his calls to her cell phone so therefore he can no longer contact his six year old son. He is behind on child support (2 months) but it is my understanding that the two are unrelated and she can not refuse his communication with their son. Also how does he go about lowering his child support payments? What is the process? He is currently paying 458 dollars and has relocated to Texas where his income has drastically decreased and he can no longer make these payments. Any help would be appreciated!