Messages

I wouldn't worry about it.  She's getting the money.  She's just pissed off because she's not getting it when SHE wants it.  The key word here is "threatening".  She's just trying to get you to do what she wants.  Call her bluff.

Not sure where you live but the weather could have played a role in the last 2 months payments taking a couple of extra days.  I doubt very seriously the court would give you much of a hassel over it.

Worse comes to worse and she does take you to court, just explain to the judge that you don't get paid until the 1st of the month and you mail the check the first of every month.  Bring in your receipts showing when it was sent and when it was delivered.  Maybe even request that the due date be changed from the 1st of the month to the 5th or something like that.

I wouldn't give her the money early either.  Or, if you do, I'd date the check for the 1st of the month.  Don't think the bank can cash it before the date on the check.  I'm not a bank teller so don't know that for sure.

Don't know how long it takes but you should be pushing your lawyer to push her lawyer.  Something along the lines that Atty1 will assume Atty2 is OK with the changes and that Atty1 will be filing the final order in XXXX number of days if Atty1 doesn't get a response back from Atty2. You've got to remember, there is no final order until it's filed and whatever the current order states is the order that's in effect.

Unfortunately, it's so close to Christmas you're probably not going to get much out of either attorney.

Don't know how many other people are in NC but thought I'd post this just in case. I found this over the weekend while doing some research.
The guidelines went into effect October 1, 2006.


http://www.nccourts.org/Forms/Documents/981.pdf

 

http://www.nccourts.org/Forms/Documents/981.pdf

Personally, even though it is in writing, I wouldn't believe a word they said.  I would think your DH would have to file to have the current CS order terminated and then file for CS from the ex.

In the eyes of the law your ex is the father because (I am assuming) you were married when the child was conceived.

Your ex will need to establish paternity, which means a paternity test.  If the test comes back that he's not the father then you're going to have to come up with baby daddy's name so CSE can go after the right guy.

Course in the family court system there's no guarantee the court will let your ex off the hook for CS.

How old is the child?  In what State do you live?

I'd also post this on the board for Dear Socrateaser.  Be sure to read the posting guidelines before you post or he won't answer.

Dude is seriously deranged and apparently needs an eye examine as well since there were no typos in my post.  I pray for the sake of the child this deranged person doesn't get any kind of custody.  That would be the TRUE crime here.

is called extortion.  Judges tend to frown on that sort of thing.

You've been given excellent advice to discuss the issue of forgiving arrears with Socrateaser, who is an attorney and offers legal advice for FREE yet I don't see that you've posted this question to him.

You say you want LEGAL advice. None of us here are attorneys so all you're going to get is an opinion based on personal experience.  You're directed to someone on this board who IS and attorney but you won't use his services.

I would love to hear what he would tell you about your plan to strong arm your ex on the arrears!  LOL

I think you may want to post this on Socrateaser's board.   Just be sure to read the rules for posting and follow them or he won't answer you.

"I am not married and do not live with the mother but we have a very good relationship. I do hope to end up with her but don't want to jump into anything only because of the baby."


Bless your heart...the noose is already around your neck and you don't even know it.  You're all in now whether you want to me or not honey.  Once you have a child with somebody you're pretty much stuck with them.