Overuling another state


#1

Dear LAG:

Greetings. Child support can always be modified. No court has the power to say that child support will never be awarded. A court can not award child support now, but in a month, the court can award child support despite the first order. It is against “public policy” for a court to permanently waive child support since anything can happen with children. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#2

WHAT DID YOU MEAN THEY CANNOT AWARD CHILD SUPPORT NOW BUT THEY CAN IN A MONTH. I’M SORRY I DID NOT UNDERSTAND THAT PART. AND ALSO HOW DO THEY DECIDE WHEN TO START THE ARREARS,WOULD IT BE FROM THE DATE SHE APPLIED OR THE DATE WE PARTICIPATED IN AN OVER THE PHONE CHILD SUPPORT HEARING.
THANK YOU FOR YOUR PREVIOUS RESPONSE, AND THANK YOU IN ADVANCE FOR A FUTURE RESPONSE.

LORRIE GOFF


#3
quote:
Originally posted by JanetFritts
Dear LAG:

Greetings. Child support can always be modified. No court has the power to say that child support will never be awarded. A court can not award child support now, but in a month, the court can award child support despite the first order. It is against “public policy” for a court to permanently waive child support since anything can happen with children. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


LORRIE GOFF


#4

Dear LAG:

Greetings. First, I need to apologize, as I actually remember your question differently than it reads now. I thought, for some reason, that you had only lived in NC for 5 months. The moral is not to answer forum posts late at night during the week I am preparing for trial.

Okay, so the answer is the court can ALWAYS modify child support. Thanks.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.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 but a full discussion with an attorney should be undertaken before taking any action.


#5

Hi and thanks for providing this forum. My sister waived her rights to child support from her ex-husband so that she could relocate from Greensboro to Cary, NC. She made this move on the advice of a lawyer, though her real goal was to move to us (her family) here in Virginia. The lawyer said that Cary was as far as she could probably move.

I have two questions, first, is there a possibility of her ever getting to Virginia with her son, who is eight? The ex-husband always files a motion for full custody whenever my sister even mentions that she wants to go to Virginia (he has done this twice and always withdraws the day before the court date).

If she were to call his bluff and go through with a counter motion, is there a possibility that a judge (and the judges are somehow unaware that he is not paying child support) would make him start paying again? Is there a chance that because he hasn’t been providing support that this would help my sister move to Virginia? Or would the more likely thing be that the judge award the ex-husband full custody.

Sorry for the long post…but extremely curious. Thank you for your kind attention.

Laurie Pearson

PS…know any lawyers in Guilford County?

Laurie Pearson


#6

The mere fact that he is not paying child support would not allow her to move to VA because she agreed that he would not pay support. Depending on how much time has passed since the last order, she may be able to go to court and seek a modification that now requires that he pay child support.

In order to give you an opinion on the relocation issue I need to know some other factors, how far away does he live from her, how involved has he been with the child, what has changed since the last order that makes her want to move to VA?

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

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.


#7

My sister answered the questions that you posed from your post. If you are unable to answer questions here, we are happy to meet with you in person to explore possibilities.

You had asked about:

He has not paid any child support for two years, since the last order was stated.

How far away does he live? 1 1/2 hours away

How involved? Since the last order was issued two years ago, he has missed 1/3 of his Wednesday visitations, that he gets every other Wednesday. He drives halfway to where my sister lives to see the child for an hour. My sister offered him two hours visitation, but he only wanted one hour. He has tried to get his new wife to take his place at visitation. He has come to the child’s school two times in two years. He does not have any copies of progress or report cards, and doesn’t ask for them. In the order he was supposed to pay a % of uninsured medical bills, and has not in two years.

What has changed since the last order that makes her want to move to Virginia? Our family and extended family is more of a family than the dad (not that that has changed, but it’s still the reality). We feel the educational opportunities are better in VA (my sister is able to work at a private school here where Brian would be able to attend for free). Our family is here to help them both.

The child has stated that he would rather be around mom’s extended family than his own dad (child was not prompted, he stated this, in passing). In fact, this week he had to go to his father for ten days. He told our mom (his grandmother), “you think you’ve got problems, I have to go to my dad’s house for two weeks.”

When the child won an award at school and the father was invited to the ceremony, he said, “I can’t blow a vacation day to come, tell him that I’m proud of him.” This is a typical comment that the father makes (there are plenty of others).

He doesn’t meet the order in paying the uninsured medical bills, and has missed 1/3 of Wed. visitation over the period of two years.

This man wants to keep my sister. It is a power thing, not a “I love my son,” thing. Without help from family and with no child support, considering the rising cost of living in the Cary/Raleigh area, it is hard to make it on a single teacher’s salary. My sister has tried for two years, and is really struggling.

Thank you for any information that you can provide.

Laurie Pearson
804-317-7664

Laurie Pearson


#8

Based on the facts that you presented she may be granted permission to move, the main reason being that he lives over an hour away already, however it will not be an easy case. It might be worth your time to have a consultation and review all your facts. If you are interested in scheduling a consultation with me you can contact Shawn Mcmullen in our office at 919-787-6668 and she would be glad to set you up with an appointment.

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

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

Take the advice and consult with the attorney. I posted on another question about moving out of state. My daughter lost custody after four months in another state and the kids were orderd back to NC, this was after the temp hearing 30 minutes from each party. Two years later the final hearing 3 day trial and since so much time went by, we knew her chances were nill. If you have good evidence use it. Call in every witness you can from doctors to teachers, any and all to help your case. If you have a log book on his visits and what he missed, present this too. Don’t leave anything out not matter how small it may seem. The bottom line after all is said and done it will be the JUDGE who decides. We presented a very good case ex’s new wife was a fomer crack cocaine user and walked out of rehab twice and admitted to drinking now, lost her child when divorced, guess the judge didn’t think this was a good reason. As I stated bring in everything. We also showed the extended family support. Just make sure your attorney has handled out of state cases and refer to past cases that were appealed.
Good Luck


#10

MY HUSBAND WAS DIVORCED IN NEVADA 1990.HIS EX WAS IN VA THE DIVORCE PAPERS STATE NO CHILD SUPPORT IS TO BE PAID.THE EX AND CHILDREN WERE NOWHERE TO BE FOUND AFTER AFTER 1992.WE MOVED TO NC IN 1993 AND BEGAN TRAVELING TO VA TO FIND THEM (COULD NOT).IN 2000 WE RECEIVED ORDER TO SHOW CAUSE PAPERS FROM CSE WENT TO COURT AND WAGE GARNISHMENT WAS INSTATED ALSO WITH AN ARREARS.I GUESS MY QUESTION WOULD BE CAN THEY JUST IGNORE NV DIVORCE DECREE,AND IF SO CAN THEY ACRUE ARREARS PRIOR TO US KNOWING THIS WAS LEGAL,AND SHE WAS SEEKING SUPPORT.

LORRIE GOFF