Order to be reviewed; is a precedent now set; transcriptions

North Carolina Divorce Law Divorce and Separation Answers
1

I have been paying my ex wife an amount that was supposed to be readdressed on Sept 1 and this is written into the order. I have tried renegotiating with her lawyer and he accepted a lower amount for the month of september.

When this lawyer refused or could not return my calls over a period of time to write a new consent order with the new amount, I went ahead and got the forms for modifying support myself. I called the family case coordinator and got the three dates and then sent all of this to her attorney. I got no response other than that her attorney was too busy. He was in court. He was off for the day. He would call me back. And so on. He never did get back to me except to tell me that I AM NOT ALLOWED to file for modification (per the existing order) because we were still negotiating, according to him. Then again, no response.

The first of October I sent my ex wife the new amount and have not heard anything back.

Has this set a precedent now? We were supposed to renegotiate the amount of support. Tentatively and verbally, they came up with a new figure. I paid that amount. I tried to get something in writing from them, but they will not cooperate. I went as far as filling out my own motions for modification but was told I am not allowed to do that. I then paid the new amount for this month.

Do I have anything to be concerned about with regard to back payments? In other words, have we now set a precedent?

Secondly we have still not ironed out custody matters. If I have a transcription done of a phone call that I recorded, does it have to be done by a local transcriptionist? What would the requirements be for an out of state transcription service to provide this service to me and have it accepted as an exhibit at a hearing where I would be presenting this as evidence? I have been told by this transcription service that each transcription is accompanied by a certificate, and that they adhere to something called uniform court systems.

Do I have to have a local transcriptionist do the transcribing?

2

If the support order states that the amount will be reviewed in September, you should not be held in contempt based on your good faith effort to renogotiate and pay the new amount. You have not set a precedent.
You do not need to have the phone call transcribed, and may play the recording in court.

3

But what does that mean that I have not set a precedent? I guess what you’re saying is not to worry about these months that she is taking less, so precedent or not, I’m ok on that.

The phone call that was recorded has a lot of screaming and stuff on it. I’ve been told that having a transcription would be a better idea. What I don’t know is if I can do this myself, or if I need a professional transcription, and if so, would it have to be someone local for the transcript to be used as evidence.

Speaking of that, what is the difference between evidence and an exhibit? I guess that is what i would be doing with any transcript if I do use one. Would it be an exhibit?

CAN I use my own transcript? Some parts are hard to understand until it has been pointed out and then it’s clear that was was said.

Thank you.

4

Yes, I don’t believe either of you are better or worse off based on a varied amount of support being paid and accepted for a few months.

I suggest getting a professional transcription, where it is done should not matter.

Evidence that is non-testimonial is presented as exhibits. The transcript would be an exhibit .