PSS and Child Support Modification - Motion in the Cause


#1

I filed motion in the cause due to unemployment pursuant to NC G.S. 50-13.7 and 50-16.9 and Rule 60. I fired my attorney in Novemenber after repeated failure to file custody timely and handle my case. So I appeared pro se, I am unemployed and Judge denied my motion. I don’t understand that. I have been erratic with PSS pymts due to losing job last year and only able to get a contract for 4 months after that. I did not put on evidence properly or have my financials there but isn’t unemployment a substantial change under the statute? I am only looking for relief until I get a job. I can’t afford and attorney either and I filed custody modify too, ex-spouse is pain med addict.

Other than being an idiot without a lawyer, I’m a smart guy but you know, NOT a lawyer. Evidence, procedures, what to say, what to presen,t is the juris doctors job.

Can I appeal judge denial? Then what to do to prepare for alimony. PSS and custody temporary. ED already decided and split, divorce based on 1 year sep will be final this coming Friday. Ex-spouse is addict, anger issues, has had finding of domestic violence. I had 2 restraining orders, first one resolved by 6 month consent order if she got help…she did not complete ters but I did not drag her back to court unfortunately. What info do I need to collect abou her spending, anger, destruction of items, domestic violence, treatment of me, lack of working.

Thanks…and if any oof you guys can take my case without a retainer or maybe less than usual, I can do all the prep work and bring the pleadings and do the timeline and collate the docs and form a narrative. Then you can formulate approach… I just need a quarterback in there.


#2

PSS awards are not appealable while the action is pending. In order to prepare for alimony you need to read the local rules for your county and make sure you have disclosed all the required financial information at the proper time before trial. I would also suggest you observe a few alimony trials to get an idea of how the court procedure in your county works.

We do not take on cases without a retainer.


#3

[quote=“Erin Clarey”]PSS awards are not appealable while the action is pending. In order to prepare for alimony you need to read the local rules for your county and make sure you have disclosed all the required financial information at the proper time before trial. I would also suggest you observe a few alimony trials to get an idea of how the court procedure in your county works.

We do not take on cases without a retainer.[/quote]

Can you please answer why my motion was denied…how without a job I am supposed to pay PSS. Why is it my ex-spouse can be working and support is not modified?


#4

I cannot say for sure why your motion was denied without seeing the Order the judge issued.


#5

Is being unemployed not a good enough reason “substantial change”?


#6

If the judge did not find it to be a substantial change the support cannot be modified.


#7

OK either, answer with a legal reasoning or don’t bother. Clarey, if I am asking you a “why” question and looking for something that can clarify why it is not substantial. I can’t see how unemployed and not making any money isn’t substantial. Either finding of fact or conclusion of law but go ahead and give an actual answer that’s not picked from air or so non-committal it makes me wonder why you are bothering at all.


#8

I cannot answer your question specifically. I do not know all the facts of the case, or what facts the judge found which did not allow for the change. This forum is limited in scope to answering general legal questions.


#9

Donelikedinner…

Erin wasn’t present in your courtroom, doesn’t have access to any of the documents generated by your trial or even pretrial motions, and cannot take a case for free or reduced fee by terms of her employment. It’s really unfair to her to take a verbal shot at her when she’s doing her best to help…no matter how frustrated and angry you are about your situation.

What can be said is that it is unknown why your judge tossed out your case without spending valuable work hours on researching your case. Look at the ruling. A case can get tossed for many reasons whether it be a rule was not adhered to (was a response filed late? could it not be proved that the opposing party was served by the appropriate date with papers and given a chance to respond?, were forms not filled out properly, etc) or you did not provide sufficient proof of any assertations (be prepared to back up verbal testimony with documents or even a demonstration of a lack of documentation when trying to show that something didn’t exist). Rarely are these things completely up to whim.

An example of a possible reason why unemployment may not be considered substantial change is that substantial change is usually considered a 15% or more modification in income. If you work at minimum wage, then get unemployed, they would assign minimum wage income to you anyhow, so technically it is insufficient for modification. I’m not sure if that’s your situation, but once again, without knowing the particulars, there’s no real way to provide a proper answer.

FWIW, Erin offers some really good advice in that if you are unemployed, although you may be searching hard for a job, if you can set aside a couple of hours to go listen to an alimony trial or two, it may help you in the future. You will be able to see how certain judges rule and what pieces of evidence tend to carry more weight.