Support Issues and Extra-curricular Activities


#1

Dear twostepsons:

Greetings. No, it is not “untimely.” What she may be legitimately upset about is that she did not have time to prepare for the same, and she may be able to obtain a continuance. The court typically does not allow extra curricular activities to interfere with visitation.

I think that the court will give you guideline support. I would also advise you to ask for a deviation and claim that she is voluntarily depressing her income in bad faith.

Also, with such a substantial sum in the bank, make sure that you are including her interest as income in her yearly total.

Thank you for the nice comments. That are ALWAYS appreciate. 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.


#2

Okay, more suprises from us. i am so glad that our court date is within 30 days (well at least that is when we are schedule to the best of our understanding that starts our 2 week window in which our case can hit the docket or be deferred).

We filed a motion to amend child support, which should have been filed a while ago, but it wasn’t. The opposing attorney claims it is untimely, but it was filed about 35 days before the said court date. Is it untimely? If it is, what will happen? I can’t image it is untimely because incomes really do not change.

Also, it claims X has a lot of substantial travel expenses and extra-curricular activity expenses. First the travel I am sure is her driving to meet us half way when we drop the boys back off, which is far from substantial if you ask me because dear hubby has to drive 3.5 hours to pick them up and then 2 to drop them back off, whereas she only has to drive 1.5 to pick them up on the return trip.

As far as the EC activities, she has them so busy they barely have any down time. She has them enrolled in scouts. Other than the normal monthly stuff, which shouldn’t be much, they go to scout camp every year, maybe 400 total. She enrolls them in baseball, basketball, and confirmation activities. All of which interfer with our visitation and none of which she has gained his consent on even after repeated request to do so. How does the court normally view this? Oh yeah, as a scare tactic they are requesting a deviation upwards of child support to cover these expenses.

Let me give you the numbers for child support so you can give me your best advise. We are currently paying $1500 a month ($750 on the 1st and 15th). When I run your calculator, it would be lowered to just $1088 a month (without including his $25000 bonus in the calculation), with his bonus in the equation it is close to $1200. We are hoping the judge will award a set amount for the next few years to be paid out of his bonus, which would mean the monthly support would be $1088. Also, without giving specific numbers, I will tell you she has close to 3/4 million in the bank, she only works p/t, but is capable of working full-time because she admits to volunteering at least 52 hours a month.

PLEASE, PLEASE, PLEASE give me your opinion one more time.[V]

We trust our lawyer, but she (thankfully) doesn’t play the scare tactic game that the X lawyer engages in, so sometimes we feel a little off. I have to tell you that I am glad we have an ethical lawyer and I am so glad that your advise is ethical because there are too many lawyers out there that do not operate this way! Unfortunatley, we are dealing with one of them on the other end.

THANKS AGAIN!!