Temporary Child Support


#1

The way I understand it, temporary orders are usually turned into permanent orders–at least, for a period of three years, when the custodial parent has the right to redress the issue. The paying spouse, however, may at any time request a motion to change the amount, but must prove that a significant change has caused the need (another child, disability, retirement, that sort of thing).


#2

Dear Anita Newton:

Greetings. If the child support order is temporary, then a new hearing can be set and the child support can be adjusted. Is the child support exactly what the child support guidelines would call for? 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

I have a question. We have finally settled the custody of my step daughters and during the hearing, a temporary child support order was put into effect. Both lawyers stated that this was just until the child enforcement agency set their amount based on her income.

The amount was set very low (not to our wishes, but we were thinking that anything was better than nothing for our kids). Well, a hearing was set for this Friday. They called us yesterday and stated that the hearing was not going to take place at this time because there was an order put into effect. They also said that the low amount was in stone for the next three years.Is this right? There is no way to adjust it? It was supposed to be a temp order. This mother has not provided anything for the past 2 years for her children and we only have one income at this time. I think that this shows a need. Our lease is almost up and we have to move into a bigger place, which will cost money. Does this constitute a change? We just feel like once again our kids are losing while there mother could care less!!!