Modification of CS


#1

If the court believes he has deliberately reduced his income or is not working in bad faith, they will not reduce child support. If he is not working through no fault of his own, the court may reduce child support. It appears his loss of income is due to the sale of his business and so the court may not be sympathetic to that.

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.


#2

Thanks for all of your help Helena [:)] I truly appreciate this forum and all the hard work your company does for us. It is truly appreciated.


#3

You are welcome.

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.


#4

My ex-husband was ordered to pay $721 in CS…however I agreeded for him to pay $500. He was self employed and was making about $50k a year. He sold his part of the biz to his partner in 10/06 about 3 months after the cs was ordered and has not worked since. I think he is possibly dealing drugs…he has been able to pay the $500 ever since it was ordered. He really does not work…not under the table nothing…He has filed a motion to modify CS because he sold out of his biz and is unable to obtain work due to the fact he is a felon and registered sex offender.

Will he not have to pay me anything??? or do you think the judge would base it on what he has the capbility of making,even if it is min. wage? He worked w/ other loging co. and other places that did not do a background check…