Now what? Denied modification of child support


#1

I think I need to add here that the $300.00 that I was recieveing prior to my motion to modify, was an agreed upon amount entered in our seperation agreement… The $650 a month was the amount proven by the nc calculator based on my old income and his income as of may this year…

head in a tizzy
Ms. Crystal


#2

You need to get in touch with the case worker that was in court with you or your case worker and find out who the initial phone call came from and what it was supposed to accomplish. It sounds as though someone got you to agree to something by giving you false information about an amount. You agreed to use an income that you do not currently have. If you were making that income, there would be no reason to modify child support. If you still had your job you would not have filed.
The case worker should get in touch with your ex’s attorney to find out why payments are not being made at all.
Not sure what else to do…maybe someone else will have some ideas…


#3

They keep saying that the only thing they can do is wait… and if he continues to not pay then the money will come out of his tax return when he files. As far as the case worker who called me, she says she doesnt know what happened, or why the attorney didnt go through with what was planned… I was very upset, my case worker and this attorney my ex husband has were all friendly… they spoke to each other on first name basis and everything… I honestly feel like I was violated.

head in a tizzy
Ms. Crystal


#4

In order to modify child support either one of you must have an increase or decrease in child support in the amount of 15%, a change in the custodial arrangement or three years must have passed since the last modification. It is not clear to me from your post if you are saying that one of these things has occurred. Is that the case?

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.


#5

I lost my job in May of this year. I filed the motion to modify in June and was denied in court on Sept 7th. Not only have I lost my income but my ex husband’s income has gone up because of the $1200 the military gives him (BAH and BAS) for having a child… This money he did not recieve prior to our divorce.

head in a tizzy
Ms. Crystal


#6
quote:
[i]Originally posted by Leighasmom[/i] [br]I was very upset, my case worker and this attorney my ex husband has were all friendly.. they spoke to each other on first name basis and everything.. I honestly feel like I was violated.

You have to keep in mind that these people work together sometimes every day. Even the judges and attorneys may be “friends” outside of work, but they have an ethics code that prevents them from discussing cases outside of court.
It would be like you going into a meeting with co-workers but having to present two sides of the same project to the boss. You wouldn’t discuss it prior to the meeting because you wouldn’t want the co-worker to be able to have prior knowledge of your ideas of how to tip the scales in your favor.


#7

I understand what your saying… and it’s exactly my concern… because the case worker is on a first name “hey how’s it going Mike” basis with my ex’s attorney… and the case worker and attorney both told me if I would go off my old income my ex husband would agree to pay the rate of $650 a month… which is what his income vs my former income would deem fit for child support… so when i was put on trial and asked if i would use my former income… i said yes and my case was dismissed… the $300 i was recieving was an agreed upon amount not a calculated amount based on income… am i making sense? it’s really become a huge headach for me. I guess my big question is can I take him back to court even though we just went? Like if i hire an attorney (despite not having the funds) do I really have a case to modify child support since I lost my job and have yet to find a sufficient new one?

head in a tizzy
Ms. Crystal


#8

In order to properly answer this questions, I would have to review the order that was entered as a result of this hearing.

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.


#9

"It is therefore ordered, adjudged and decreed,
1. That the motion of the agaency, is hereby granted and it is hereby made a party to this action, and that thereafter then caption of this action shall be (Ex Husband’s name) vs Onslow child support o/b/o (my name)

2. That the NC child support centralized collections shall be named the designation payee for any and all cjild support payments recieved in this action. NC child support centralized collections shall transmit these child support payments to the north carolina department of health and human services for proper disbursement.

That the Obligor shall continue to pay child support of $300.00 per month as ordered for the child until the child gradutes, otherwise ceases to attend school on a regular basis, reaches the age of twenty or is otherwise emancipated, whichever comes first. The motion for the modification of the current support obligation is denied.

That the issue of child support is severed from the other issues involved in this action and the parties shall be allowed to proceed with the issue of child support seperately.

That when the Obligator's income has been verified by the agency, this order can be enforced by immediate income withholding without further notice to the Obligor since the Obligor has wavied advance notice to implementing income witholding under the terms of this order.

 ORDERING ALL IV-D LANGUAGE WHICH INCLUDES OBLIGOR IS SUBJECT TO LICENSE SUSPENSION/REVOCATION, CREDIT BUREAU REPORTING

(then it goes on to say that i have to provide him my address and he has to provide CSEA his contact information)

The obligor shall be subject to adminsistrative offset of State and Ferderal income tax return.

This the 22 day of October 2007 for 8/16/07 (then signed by the judge and stamped)

head in a tizzy
Ms. Crystal


#10

It doesnt say why it was denied… just that it was… My biggest problem is… My divorce papers say that our seperation agreement is to be incorporated into the divorce (which had me getting 300 for child support and 350 for spousal support while seperated) then it says “Defendant raised issues regaurding child support and custody which are left open for future hearings” Soooooo… ??? My mind is boggled… The Judge who denied my attemept to modify (which i was calling establish because i didnt know i had an order) said allowed that since it was already incorporated in my sep agreement and since i agreed to use my previous income to modify, that therefore there was no substantial change…

may i remind you… i was going there to establish what i was told both parties agreed upon to be $650 child support order…

All I need to know is can I go back? Because if soo… i will spend every penny I can get my hands on to do it… I just cant afford to go pay a couple hundred dollars to be told “nope… sorry”

His income is aprox $2900 a month… mine is $780 a month (it was $1700 a month when i was employed, now collecting unemployment)

Oww… My head hurts… does yours yet? what can i do?

head in a tizzy
Ms. Crystal


#11

You cannot change child support unless there has been a substantial change. It sounds like there may have been a substantial change but at the hearing you waived that issue. In that case you might be able to go back, but I doubt you would be successful. If you are presently seeking employment, the court fees may outweigh the additional child support you might get in the short term.

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.


#12

I’m not really sure what happened… I lost my job in May of this year when my child took ill, and I put in a motion to modifty child support… I got a phone call early August from the CSEA telling me my ex-husband has agreed to pay 650$ a month child supportstarting on the 1st of Sept. if I agree to go off my previous work income, prior to losing my job. Since 650 is more than I was recieving I agreed to it. … The case worker then tells me that my x’s attorney will go to court on the 16th of August with CSEA to read the modification and have it put into order… Next i get a letter in the mail saying my court date was changed to Sept 7th and my presence was required… A little confused I show up in court and my case worker tells me that I will be getting the 650 plus 2K in back pay… Then my name is called and suddenly I find myself testifying in court… Mind you my ex husband is deployed military at this time. My ex’s attorney insist that I purposly lost my job in order to collect more money from my ex husband, knowing that he would be recieving more while on deployment. When asked on the stand if I agreed to use my previous income, I say “yes” … Then the judge says if I am willing to go off my old income there is no change in circumstance and therefore my motion was denied.

So here I am… It’s nearly Nov. I havent gotten any money from my ex since going to court and CSEA brushes me off everytime I call them, or go to the office. I’m supposed to be getting at least $300.00 a month. I have yet to find a job that allows me to make the money I need to survive as a single parent, or even a job that offers decent medical benefits.

Can I go back to court? What am I suppose to do next. I can’t really afford to pay for a consualtation and hear that there is nothing I can do… I also cant seem to find a single attorney in my area whooffers free consualtations… Luckily it was determined by NCESC that I was entitled to Unemployment for 6 months. But that is running out too… So What Can I Do Next?

head in a tizzy
Ms. Crystal