Reduction in support


#1

You need to file for a modification of child support. Custody and support are two different issues. Even if the court order is temporary I would think that would be enough change in circumstances to modify the support order. If you have been on this temporary agreement since January then don’t waste anytime in filing for a support modification!


#2

Thanks, nwkltl, for the advice. Would anyone from Rosen care to weigh in on this?


#3

Would anyone from Rosen care to weigh in on this? Thanks for your time and the advice!


#4

Dear justdaddy:

Greetings. First, there is no guarantee that the judge will speak with your child. It is usually not deemed in your child’s best interests to speak with the judge. Just FYI on those issues.

Now, to your questions:

  1. Yes, the judge will still modify the child support after a motion to modify child support is filed. I would recommend that you wait until the order is entered until you file a motion to modify support. Yes, I think the basis exists to modify child support.

  2. A temporary order can be changed at anytime by setting a final hearing. Also, a temporary order becomes permanent after a substantial time has passed, but when that occurs is still not totally clear.

Finally, please be patient…we have client work to do too.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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


#5

First off, let me thank you for the wonderful service you provide here for us do-it-yourselfers!

In January, my 14yo son left his mother (who has primary custody) to come to live with me and my wife. After filing a motion to modify custody the next day, my ex and I entered into a mediated parental arrangement in which my son spends a week with us and a week with his mother. The agreement was termed “temporary” after review by her attorney and we were to meet in early August.

After our early August meeting, my ex still wants to continue with a “temporary” parental agreement. At first she wanted another six months but finally conceded to a “temporary” agreement of the weekly back and forth for 2 years. The mediator and my ex want to prevent my son from having to go before the judge to express his wishes to stay with me every other week. He is not at all uncomfortable with going to court and explaining his position directly to the judge.

This change to a 50% split means we should be changing from one support schedule to the shared support schedule. I suspect my ex has been alerted to this by her able counsel.

My questions: 1) Will the Judge make such a modification in support if this agreement contains the word “temporary” in any form? And does this provide a substantial change adequate to request a child support modification hearing?

  1. Since any and all agreements are at the mercy of the courts is there any difference if it says permanenet or temporary? I know my initial custody order, which still applies for the other 3 children, doesn’t contain any reference to permanent or temporary.

Thanks.