What to do When a Child’s Parent Files for a Modification in Child Support

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“The Non-Custodial Parent of my 3 children all of which are his has motioned for a decrease in the court ordered child support due to the our oldest child turning 18 years of age.

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The issue at hand is that I live in a different state he resides in North Carolina and I and my children reside in Florida, The Non-Custodial parent has no custodial rights as he does not want anything to do with Me or them which he has stated time and time again.

I am literally between a rock and a hard place as Before he issued the motion for a decrease and before the court has even had a chance to hear the case for a decrease he has taken it upon himself to modify the court ordered child support by decreasing the child support by 1/3. Now the court ordered the child support 1 year after my youngest children the twins were born making the sum for all 3 children $3,600.00 a month, In accordance with North Carolina Law and the North Carolina Child support enforcement agency the non-custodial parent should be paying $4,150.00 just for the twins a month as he makes over half a million annually ( I do have his 2005 Tax returns as proof. )

He has continually no showed in court when I did have an attorney. I want to go to court for an increase in child support as he placed his other children all of which are over the age of 27 in private schools and medical schools but won’t help Financially for my children to have a better life.

I’ve contacted the North Carolina Child Enforcement agency to see if anything can be done to receive the missing 1/3 child support they informed me to obtain an attorney which is hard to do when your barely making end’s meet, But I did seek legal counsel and the court case kept being continued as neither legal sides were ready to try the case then on December 15, 2006 my attorney decided to withdraw from being my attorney as he stated in his letter we had a Irreconcilable Difference which is shock to me as I was under the assumption we were fine from a Attorney-Client standpoint.

I’ve asked my Attorney to give a reason as to the Irreconcilable difference both in witting (email) and by phone but I was not given a reason either Verbally or Written I do know my rights as far as reporting him to the NCBAR association for ethics violations or I could Oppose his withdrawal but I don’t have that luxury to do so at this point as he is a prominent attorney in the county where the case is to be tried and it would hinder my chances of obtaining any legal services from that county ( also on a side note the attorney of the Non-Custodial parent and my attorney are close friends which is something I just found out after me paying his retainer fee).

On December 23, 2006 I received in the mail a court date for me to show up with my attorney to have the case heard on January 11 2007 and on January 12 2007 I have a hearing in regards to my attorney withdrawing.

I feel that I’m fighting an uphill battle with lead boots on any and all information or aid would be in dire need at this point as My children have no Christmas as I’ve had to explain to them that money is tight this year and we can have a better Christmas next year.”

Usually support is apportioned between the children, but not in equal amounts. Usually the support of the younger children is higher. Support is set by North Carolina guidelines if gross yearly income is under $300,000 per year.

For a non-custodial parent with an income greater than $25000 per month, the Court in North Carolina will endeavor to make a support order that equitable takes into account the children’s needs. That would likely mean, in your case, the support amount will be lower than a pure application of the mathematical support formula.

Since he is going for a decrease in support based on the fact that one child has turned 18 and graduated highschool, he would likely be entitled to the reduction, all other things being equal. The child support agency is there to protect the public interest that your children are supported according to North Carolina law. They are absolutely correct that if you want to make any fancy legal arguments as to why you should get more, you either need to do it yourself or get an attorney.



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Author: House Attorney

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