Trial court

North Carolina Divorce Law Divorce and Separation Answers
1

Anything can be changed if circumstances have changed since the initial ruling. If, new evidence is found that would support a change, loss of a job would be a circumstance to file for a motion to make a change. Believe it or not, it is very easy to get the necessary forms from the courthouse, fill them out and file them. By NC State Laws, you are entitled to be heard by the courts. All it takes is a motion to be filed which is a simple form to be typed up and carried to the courthouse and stamped. You, must also send a copy to your ex and their attorney and you should do it by certified mail so they cannot claim they did not recieve it. Your time with the judge will be scheduled by the court administrator and you can show just cause for your requested changes. When in court, you should also either carry an MP3 recorder or, get transcripts made. you can get audio recordings directly from the courthouse and have them transcribed yourself but it can be expensive. Like $2.00 per page of voice to paper can add up. The courts are there for the citizens which pay for them through taxation. do not be afraid to use them and do not be afraid to stand up for yourself. You pay for the courthouse and you pay the judges to do their jobs and they must be held accountable for their actions. If, you feel the judge has overstepped his bounds or that you have not recieved a fair hearing on your case, there are remedies available to you, you just have to dig a little and learn more about the court procedures. The North Carolina Court System has a real nice web site ( www.f4j.com ) and they will help also. They stand for equal justice in our courts and will help in any way they possibly can. There will soon be a North Carolina Chapter of F4J and next spring or sommer, you will start seeing them hold rallies at couthouses in North Carolina. The people of this country are tired of the damage done to our children by the backroom boiler deals made by lawyers and judges. After all, how many judges do you know that have not been a lawyer? with the courts, it’s all about access. And those that have access, have an unfair advantage. The system is corrupt and it needs to be fixed. Legislation is not the answer. It is lawyers who write legislation to fit their own agendas. Men are the cash cows for lawyers. Judgs know and support this and therefore keep their jobs.

Phil

2

Once permanent order is entered, child support can be changed only if a substantial change of circumstance has occurred. NCGS 50-11.2, 50-13.7. A party must allege in a motion that such change has occurred. If court finds changed circumstances, it may then - but is not required to - change child support (including uninsured medical and extracurricular activities). The court cannot change child support absent a motion from one of the parties.

As for “fairness” in domestic court here in NC, don’t get your hopes up. The child support system is plagued by many built-in systemic flaws. It is highly unlikely the courts will fix the problems. Action by the legislature will be required, I believe.

3

Is a trial court bound by its decisions? For instance, if another issue of the case goes before the same judge who ruled, can that judge make any changes to his final order on his own? Example: the judge in my case ruled that I had to pay 50% of uninsured medical and extracurricular activities for my son. I was recently taken to court by the ex and presented “my case” in that the income disparity was over 20,000 per month and I argued for a reduction in the percentage. Could the trial judge change any aspect of his original rulings? I did not have the money for an appeal nor could I fight the bias against me. I guess what I am asking is whether or not the original trial judge can change his own orders if he somehow believes his original orders were unfair. Thanks.