"substancial change"


#1

Increase/decrease in income, increase/decrease in visitation/custody, birth of a child, a child aging out (graduating from high school -turning 18), extraordinary expenses. Run the support calculator and make sure your difference is at least 15%.


#2

I am responsible for all costs (mainly gas) associated with my visitation schedule. That means 600 miles round trip every other weekend. When my divorce decree was entered, gas prices were somewhere around $1.50 a gallon. We all know where they are now. Could that be used to get an adjustment in support? My ex does not drive, so I have to do all of the driving for pick up and drop off.


#3

doubtful - can you not work out something with your ex on this? Meeting you 1/2 way, chipping in something for gas…


#4

I thought the difference had to be 30%? If it is 15%, do you have any specific info on that?


#5

I could have sworn I saw that on the NC child support guidelines official page…15%…

does this seem fair:

I make $72,000/year, pay $1100/month in child support for 2 kids, and I pay kids insurance premiums, $180/month.

Ex makes 20k/year.

I pay for her car, 600/month plus insurance 50/month and she gets it when it’s paid off next year…


#6

if that’s true, I’m really getting hosed. I made, maybe $28K last year, paying $880/month for 3 kids and $130/month medical insurance, and I only get visitation for 2 weeks when mom goes on her summer fling with “Mr. Flavor of the month”. Of course, I’m responsible for driving 24 hours there and back to get them & 24 hours totake them home. My support isn’t reduced for the 2 weeks I get to see them.


#7

As the lawyers have noted before, visitation/custody and support are 2 different things. In any case I would suggest that you run the calculator on this website where you can plug in all of the variables, overnites, insurance, income, extraordinary expenses and see if it is warranted to put in a motion to modify your support. You can do this without a lawyer.


#8

based on his income, insurance, 1 day a year overnight (conservative), her income of zero, and no day care she is paying, he should be paying 740$ for three kids. To me, it seems the first kid takes most of that. In my income range, paying same premium as he, with 3 kids, if i had three, I would only be paying $1250 or so a month. Right now, I am paying 1100 based on my ex not working in the calculation. She is working but doesn’t pay for child care, so I am overpaying by like $200 a month, but it’s not really with paying lawer to attempt to get this reduction… If I was him, with his income, I would try to fight to reduce it myself because that’s alot of money percentage wise of his left over living money…

does she have income? daycare? how many overnights you get the kids??


#9

The ex does work, what she makes, I have no idea. She doesn’t pay for daycare, that’s what she uses my 13 year old for. Even if I calculate her making $5.00/hour, I should only be paying about $475/month. Without including ANY income for her, I’m still over paying by $100-200/month.
1)How the hell did a judge calculate this with the figures being so far off?
2)Would this be considered "misrepresentation " if a lawyer refused to address this discrepancy after his client disputed the support amount?
3)Can this be appealed, nearly three years after the fact?
4)If you can prove to the court that the calculation was wrong at the time of the support order, will they give you credit for 3 years of overpayment?
5)Is “substancial change” 15% or is it 30% reduction in income?


#10

Oh, and the ex gets $500-$600/month from social security for my Daughter that I never included as her income. She tried to tell me and the Judge (who I think was too biased to realize she was lying) Social Security reduced it to $200/month. I don’t understand how, since genetic disorders are incurable and that’s how she was awarded Social Security.


#11

It is a 15% difference not 30% - you can research this yourself and find that out. You are only eligible for retroactive reimbursement to the date of filing so the sooner you file your child support modification the better. You don’t need a lawyer to do this and forms are on line.


#12

Thanks for the information Mal and Avictim, I really appreciate your input.


#13

I would go modify this immediately. To me, that social security is considered income, but not sure, search google for the answer on that. I am sure the nc guidelines will say either way. It sounds like you are over paying way too much… Kids are important, and supporting them is just as important, but getting taken advantage of by this person who is lying, is unacceptable… I feel your pain. Good luck…


#14

Dear hawkman:

Greetings. There is no set definition, but it would be anything that would substantially change the minor child’s life. 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

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.


#15

N.C. Child Support has refused to review my support. My local Child support agency contacted them to see why they never responded to the modification/review request they sent 3 months ago. They pointed out to N.C.C.S., that my income had reduced at least 15%, and that I was still paying 60% of my income to child support although my living expenses had increased by almost $300 a month. North Carolina told my case manager where I live, they refuse to consider reducing the support order. I didn’t know North Carolina had become a socialist republic recently, I guess I should watch the news more often.


#16

Dear hawkman:

Greetings. You need to file the Motion to Modify Child Support on your own and have it heard. The child support agency is about getting support - not reducing it. It is unlikely that they will help the paying party, although I have seen that done before. I suggest that you either file the motion on your own and pursue it by setting it for hearing, or hire an attorney to help you file the same.

Be careful though - we just got new child support guidelines on October 1, so your child support may actually increase at this time. 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

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.


#17

Thanks for the heads up on the support increase. I’m FULLY aware that child support is willing to represent the receipient’s interest only, including free legal representation. I guess I’ll have to go it alone, since I can’t afford an attorney, and I’m not afforded the same rights or due process of law that a “recepient” gets. They’re already raping me for the federal maximum of 60%, so if they decide they want more I guess they’re stuck. I don’t have an issue with paying support, I just want to be able to support my minimal exhistence on what I have left. Since no state agency is willing to enforce my right to be a part of my children’s lives, the least I should be allowed is the ability to live on the remaining income I have.


#18

In the section on child support there is lots of good stuff including

 The current North Carolina Child Support Guidelines became
 effective on October 1, 2002. The Guidelines must be reviewed,
 at a minimum, every three years.

This doesn’t fix your problem now, but it limits how long you will have to wait for a correction.


#19

I know they can re-evaluate every 3 years, or if there has been a “substancial change”. N.C. Child support just refused my request 2 weeks ago after a 3 month wait. One again, the “rules” only apply when they want them to. I was also told it can take up to three months just for them to decide if they’ll review a request. This however, doesn’t include the time it takes for them to impliment any change that may come from a “review”. Funny, it only takes them 2 weeks to take the support out of your check, but 3-5 months to make a change.


#20

How about a substantial increase in mortgage payments in order to provide a safe place for my kids to come and visit? When the divorce was finalized, I was paying somewhere around $600 a month for my mortgage. Now, with rising interest rates, my payment is nearly $850 a month. Would the court take that into consideration as part of a substantial change?