Child Support

[historyman919]

My ex and I have been divorced about 8 years. There has been a CS order for that long and I have faithfully paid. Yet, my ex has not held a full time job in nearly 5 years. She remarried to a man who inherited a large sum of money and she has managed to go through that and they are now broke. My state (NC) says that since she cannot show any income, I am liable for the full amount of the reasonable needs of the children. I carry, in addition to support, full responsibility for all transportation costs to and from for visitation (600 miles round trip per month), life insurance, and health insurance. I also shoulder all responsiblity for their care during summers that I have them while IO work, in addition to all the related expenses of having them during those 4 weeks. During the summer months while I have them, I am also required to pay support for that month just as if they were not with me. Now my ex is saying that if I were to try to get CS modified, the fact that she has no income will mean that my CS will be INCREASED rather than decreased. And I might add that most every summer when they come, she sends clothes 2-3 sizes too small for the children and I end up having to buy new clothes for them as well. They go back with them and I never see said clothing on subsequent weekend visits again either.

My son just graduated from HS, and I would like to have CS modified to reflect that he has achieved that, but my ex says that if I know what is good for me, I will not pursue it.

I need some help from an attorney in NC, but as you can see by my story above, I cannot afford to be represented in court. Is there any attorney out there who can help? Much more to this story, but space will not permit

[tigger]

NC calculator on-line (google NC CSE and it'll show you the website and then follow the link.)  Do you have other kids either from previous or subsequent marriages?  If so, the courts allow you to take them into consideration.  Play around with the numbers and see which way it benefits you.  

The "good for you comment" is a threat.  What can she do?

[mo7818]

Tell her to stick her "If i know what is good for me" threats where the sun doesn't shine!!!!

Take her back to court, roll the dice and see what happens. In CA they will imput her "earning capacity" at some randon amount but it wouldn't be 0, even if there isn't any income. I just went to court last week and the deadbeat refuses to work so the judge put his income as $3,000.

Honestly, what do you have to lose? I went pro per, it is possible if you do your research. Be honest with your answers and let the judge do the talking.

Good Luck and KUDOS for faithfully paying your child support even though you can't stand the BM, that says tons about your character - you're a good man!!!!!

[Kitty C.]

The ONLY reason she is threatening you is because she does NOT want you to take it to court........'cuz she knows she would LOSE.  Courts input incomes all the time and if she's ever had a job and whatever she's qualified to do, they will calculate what she could get paid for that now.  That will be what they use to calculate her portion of CS.

And if she really wants to get pi**y about it, personally I'd tell her that if I have to pay for EVERYTHING for them, I might as well have custody of them, too.  Guaranteed she won't like that, LOL!

Consider the 'threat' as 'bait'..............  :-)

[superdad01]

They will at least imput her at minimum wage. Hopefully your income has not risen to much to offset any changes that might benefit you.

I wish I could get a judge to impute my ex at what she is qualified to make. She has graduated and has a NURSING DEGREE so she is technically qualified to make a RN's salary. Since she has never held a RN position she gets imputed at minimum wage. BS

[mo7818]

I have sadly come to the conclusion that all of this crap is a joke. The judge will decide to do whatever he feels he wants to when he wants. And some parents will hide info or not do what they can do just to get back at you. So sad and soooo freaking annoying. Support court is a joke and a total waste of time.

Sorry, just extremely bitter over my situation. I work full time to support my son while his dad is a stay at home father to his new son. The loser doesn't support either of his kids. I feel bad that my husband helps me with my son more than his own father.

Any how - that is not what you are writing about - be prepared for the worse and hope for the best. Go to court, hopefully you can get it lowered.

Good luck!!!!!