Visitation/support

North Carolina Divorce Law Divorce and Separation Answers
1

Dear directorpr:

Greetings. First, you can petition the court for an order compelling her to bring the children to the airport, but your best bet is to threaten that if she does not you will file a Motion to Show Cause, ask her to pay all your expenses and attorney fees, and be held in contempt if she does not.

Attorney fees are costly, but well worth it. I do not know of any low cost legal fees (you could try legal services, but they generally do not do child custody matters). Your court order should deal with the extra expenses, but she could always ask for more child support if what she is getting does not cover everything.

Finally, no you cannot claim any of your children as dependents unless you have them for the majority of overnights in the year OR your court order allows you to do so. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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

My ex moved to Texas with my sons. I am supposed to have them for Spring Break next week. By the court order she is supposed to bring them to the Houston airport and pick them up there when I bring them back. She is indicating that she is unwilling to do so and will only bring them there, then she wants me to rent a car and drive them to a place where she will leave my oldest sons truck so he drive he and his brothers home. It is all about money with her.

My atty has removed himself from my case because of my inability to pay him. I had to file Bankruptcy after the divorce in order to be able to pay the court ordered child support. So now I have to represent myself and I am not sure what to do.

My ex also made some statement about extra money being needed for school fees and trips, that she says are not covered by child support. I don’t know about this but believe the judge told her that the $1,100 a month that is garnished from my wages is supposed to cover all these costs with the exception of uncovered medical expenses which are shared on a percentage basis. It should also be noted that I paid almost $13,000 in support last year and I am unable to claim any of my children as dependents on my tax return. Can I do anything about that?

Are there any legal representation resources available to me?

Thank you for your help and assistance.

Diretorpr