Question about a "deadline"


#1

Dear SLB02:

Greetings. First, does DH stand for Divorced Husband?

Second, pursuant to what type of document were you supposed to be paying more than you did? A court order or a separation agreement?
If it was a separation agreement - let me know the language that you were supposed to pay more. 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.


#2

Sorry…Dh stands for “dear” husband (I suppose I am in enough message boards to pick up that “lingo”).

Just want to know one thing:

HOW does my HUSBAND go about getting his child support deducted from his check? It seems as though the CSE agency is geared towards the “mothers” in this instance.

We just want to stop paying his ex-wife direct checks, and let it go through the state. Our attny. has not given us a direct answer.

Thanks.


#3

Dear SLB02:

Greetings. Yes, I can answer this question - but first, I need to know if you are paying pursuant to a separation agreement or court order. 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.


#4

We are paying pursuant to a separation agreement.


#5

Dear SLB02:

Greetings. When paying pursuant to a separation agreement, you cannot get your wages garnished. If you want to pay out of your paycheck, you must file a child support action, and make agreements on it with your ex. 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.


#6

My DH and his ex both sought attorneys on this matter. But his attny. has not responded recently to a simple question:

DH took a lower-paying job 3 months ago. He asked his ex if she would “negotiate” that he pay her less for awhile…until he makes more money (this job change could possibly allow him to make much more money than in the old job). Of course, she would not agree, and she hired and attny.

Her attny. sent us threatening letters, and a bogus subpeona to DH’s old employer (for all of his $$ info). So we hired an attny as well.

Thankfully, our attny. discovered the wrong-doing of her atty (regarding the subpeona). But we discovered that DH could possibly owe her more money, since he earned a little bit in recent years more since thier divorce (he was to pay her 15% more if he got a raise).

In short, DH’s attny. gave a “deadline” of April 1 (we are the defendant however). In our attny’s letter to her attny, he told her that we would continue to pay her the same as long as she waives all rights to anything from past years. Furthermore, the letter said that next year his income (and hers) would be reviewed again. One last thing: DH would have his wages garnished so that she receives her cs on time (she claimed that he was always late, but that was a complete lie).

We still have heard nothing, and it’s mid-May.

Can we do anything to get this going? Heck, if anything, we just want to start paying her through the courts, rather than send her a check.

Any advise would be welcome.