Modificatin of Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

Given the short period of time between the last order and his request for modification, the sporadic job history and the fact that he left both jobs before the withholding began, he would probably have a hard time proving that he is not voluntarily suppressing his income. You may want to send a subpoena to his employer to see if you can get some information as to why his employment was terminated.

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/live 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

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.

2

My ex spouse was ordered to begin paying child support through income withholding this past year (Order is less than a year old). He quit his job before income witholding could begin. He immediately took another job and income withholding began but he was fired a month later from that job. Now on his 3rd job, income witholding cannot come out of his employement because of the nature of the job, he has to pay himself. He has now filed for a motion to modify based on his substantial decrease in income and is claiming he was fired from his first job and didn’t quit. Will he be able to receive a reduction in child support if it can’t be proven he quit and was fired? What if it was his voluntary actions that caused him being fired? Will he be able to have his child support lowered?