Question


#1

My STBX lives out of state with our two children. We share joint custody. Per our consent order, the children are to be with me each holiday, school vacations and summers. We agreed on a set amount of child support in the consent order. My STBX has been in contempt as the children have not visited with me nor spoken with me for the last 7 months, along with some other financial issues my STBX has not complied with. The consent order states that NC has jurisdiction. We will be going back to court soon so my STBX can answer allegations of contempt. These are some questions I have:

Can my STBX file to have child support redetermined in their home state?
Is there anything I should ask the judge for that would help my case when we return to court?
When I have the children for the entire summer, am I obligated to pay the custodial parent child support even though the children are living with me for those months?
What about the monthly child support amount the custodial parent is obligated to pay? What happens to that during those summer months?
Is there a waiting period for when one party can file to have the child support amount adjusted, particularly if a decision has recently been made by the court?

Our consent order stated that neither one of us would pay the other during those summer months. So as of right now, I am comfortable with that. I’d appreciate your feedback.


#2

No, venue for child support is proper in NC.
I am not sure what specifically you are referring to about helping your case. It seems pretty clear to me that your ex is in contempt, and this is the only issue the court will review at the contempt hearing.

Child support is based on the number of overnights the children spend with each parent through out the year, it will not change in the summer months, under the guidelines. In this case, since you have agreed to an automatic modification in the summer, it will be enforced by the court, if written into your current order.

Child support can be modified after the passage of 3 years, and an increase or decrease in a parties’ income of 15%.