Should this be a concern?


#1

Dear SLB02:

Greetings. First, if your attorney is not calling, make sure that they are not in court (if they are…try to cut them a little slack). One week of straight trial is the longest an attorney shoudl go without returning a call. (and that may even be too long)

Now, why not file a motion to modify child support immediately? If there was a change in income, the child support cannot be modified retroactively to the date of the change unless a motion is filed immediately and then the court can modify the child support back to the date of the motion.

Letters, when dealing with finances, are generally a waste of time. Does that answer your question?

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

10925 David Taylor Drive, Suite 100
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.


#2

Sorry - forgot to answer the wage garnishment issue - either party can initiate wage garnishment if there is a court order for child support. Without a court order for child support - there is no wage garnishment. Thank you.

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

10925 David Taylor Drive, Suite 100
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.


#3

My husband (who is divorced) changed jobs in March. He went into sales and made less $$ initially (his base), and some attny. told him to actually ask his ex if he could pay her less for awhile. Of course, she said NO and she hired an attny.

Her attny. “subpeoned” all sorts of info from my husband’s old and new company (which was bogus as this was not a true subpeona). Amd she tried to “intimidate” my husband with pretty stern letters.

We hired an attny. as we were on the “defense”. Basically, he sent a letter to her attny that said my husband will continue with the current child support, and next year, all info (hers and his) will be reviewed again. Our attny gave a “deadline” of April 1 for a response from them. There was never a response.

My husband has since taken another new job (it is not sales, and is salaried).

My question is, should this (his new job change) be addressed to our attny? Furthermore, DH has attempted to simply have his Child Support come right out of his paycheck, but was told that this has to be inititated by the ex. Is this true?

Thanks so much. By the way, our attny. has not returned several of our messages!!! Arrgg!