What can I expect?


#1

Sounds like you’ve got it all covered. The past due amount your ex owes will probably be added to his monthly support amount as an additional monthly payment. This will be broken down into payments unless the judge demands he pay it all up front.


#2

Dear gocuse0912,

Child support is generally a pretty straight forward thing, if he had an order to pay and did not pay it will be pretty simple. If you intend to leave the children on your new Husband’s insurance you should ask the court to recalculate child support.

Helena M. Nevicosi
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

If Michelle(gocuse) goes to the court to recalculate child support, will the insurance her current husband pays go on her side of the calculator, or just be dropped from the ex’s?


#4

The party that pays for health insurance gets credit for the amount that they pay, even if it is paid by a new spouse.

Helena M. Nevicosi
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.


#5

The father of my children is currently 90 days delinquent in support. The total delinquency is $2,200.00 He fell behind as a result of losing his job. He regained full-time employment approx. 30 days after losing his job. During that 30 day period, he was working part-time delivering pizzas. He did not report his new employers to the Clerks Office nor did he send any payments to Raliegh. He has failed to do so and hence he is now 90 days behind. My children lost medical benefits. My current husband and I quickly added my children to my current husband’s benefits. I have a child with special needs and this was important. We are paying an additional $130.00 per month for this coverage.

As of January 1, 2007, The Department of Social Services is handling child support enforcement in my county. I opted to pursue enforcement on my own. I filed the “Motion and Order to Show Cause for Failure to Comply with Order in Child Support Action.” I feel that I am well prepared for my court date. I have copies of the child support payment history and letters from the health insurance company stating the cancellation of benefits. I also have copies of medical reciepts that I have never been reimbursed 50% from him.

I understand that my husband will be offered the opportunity to have an attorney represent him in court. What can I expect in court and is there anything else I can do to better prepare myself? What can I expect as the outcome of this court date?

Thank you for your time and help!
Michelle