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Author Topic: Do I need to lawyer up? NCP said he wanted to see an attorney now  (Read 160 times)

balleros

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Long story short, my son is 7 and I get child support since he was 2. I filed and neither I nor NCP paid attorneys. We just went by what the court ordered.
NCP has visitation on Sundays but he never serves it.
I am going through a life changing situation and I am having surgery soon. I needed to change my guardianship papers because the person who was listed (NCP sister) has already passed. I asked a parelagal about the fees to re do it and   she suggested reviewing my entire child support since it was never modified, not even to meet COLA standards. I asked her for the fees and she said "wait until we do a final search on the father and see if changes of work or anything else come up". well it turns out the NCP owns a yacht. It seems that he purchased it the same year my son was born. Yes, I know it does not affect the child support amount because his new wife could have bought it or it could be under her name. But it does hurt to see that it is all over social media and my son (who already knows about google can easily find it).  So since he just initiated contact again with me to see my son and see how things are going, I ended up asking him. He said "I don't own a yacht". I asked if his wide owned it and he continued to say no. It is all on social media but well....his words. I did bring up how I learned about it and I told him the truth: the paralegal insisted that for a man who lives where he lives, the amount I was getting was too little and they did some research.
 I made it clear that I had not agreed to file for a modification and I only wanted to know the truth. But he got on the defensive side and he said he was going to talk to an attorney even though he tried hard for these 7 years to avoid spending money on one.

anyway, long story to ask, shall I be worried? he can talk to an attorney but there is nothing he can do to lower child support (I think). I make the same income plus standard raise. He can never say that I m an unfit mother.
so, is there anything he can do EVEN if HE TALKS TO AN ATTORNEY?Shall i just chill and continue with our own lives?
thanks


ocean

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Re: Do I need to lawyer up? NCP said he wanted to see an attorney now
« Reply #1 on: Nov 26, 2018, 03:59:37 PM »
He really can not lower it with a very good reason at the same time you can not ask for his it be adjusted more than COLA unless you have very good reason. Him owning things, getting a second job to better his lifestyle is not your concern. Is he paying child support through the state? If so, you can ask them to do a a COLA review. In my state, you can request this and they will adjust it if it has been long enough (goes by COLA increases and most be a certain number before they adjust). You do not go to court for this, he can request a hearing why the COLA should not go into effect. If you support is not through state you can file a modification for a COLA increase as you have never had an increase since original order.

How long as father not used his Sundays? If he just showed up after years then you can suggest a few weeks of getting to know him first, shorter visits, you there in a public place.

 

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