Failure to cooperate with the determination of child support?

[InfantCustody]

What is the name of your state (only U.S. law)? NC

We finalized our custody issues on the 15th of July. It was stipulated by the judge that "The parties will exchange all information required by local rules and determine child support within 7 days from today's date, or the 22nd day of July, 2011."

Dad has refused to cooperate. It took him 3 weeks and he finally turned over his bank statements for his checking account only, (not his savings accounts, nor his business accounts) and is refusing to explain why there are $3000 - $6000 more in deposits each month then he claimed on his financial disclosures filed with the courts.

What happens if he still isn't cooperating, as right now he said he will not turn over any other documentation? My attorney has filed a motion for a permanent child support hearing on September 1, but what does a judge do when he is refusing to disclose his documents, or refusing to explain his income?

Being self employed, I spent 3 days gathering all income, expense and endless account information, and it was all turned over in advance of the deadline.

Given his lack of cooperation in the child support matter, my attorney has filed a motion for attorney fees relating to the child support issues.

Is that frequently granted, given his complete lack of cooperation?

Thanks all!!

 

[CJane]

If he's refusing to explain the "extra" money in his account, and it's getting in there pretty regularly, your attorney should motion that it be considered income for child support purposes.

And yes, if it can be shown that his lack of cooperation is causing you to have fees you wouldn't otherwise have incurred, he can be ordered to pay them.

 

[InfantCustody]

If he's refusing to explain the "extra" money in his account, and it's getting in there pretty regularly, your attorney should motion that it be considered income for child support purposes.

And yes, if it can be shown that his lack of cooperation is causing you to have fees you wouldn't otherwise have incurred, he can be ordered to pay them.

The extra $3000 - $6000 has been working it's way into his account each month for the past 4 months. The only thing his attorney explained is that $4000 TOTAL over the past 4 months has been given to him for payment of her fees. Otherwise, no explanations.

And yup...it shouldn't he hard to show that if he weren't being a horses rear...we wouldn't be going to court for child support determination.

Thanks for your advice...

 

[InfantCustody]

Cohabitation while sharing a bedroom with a child?

NC

Someone ground me please and tell me how this looks from the outside:

My ex lives with his parents, his sister, brother in law and their infant child in a 3 bedroom house. So, up until now, he and our son have shared a bedroom. Now, he has moved his girlfriend (or wife - he doesn't speak to me so I don't know which) in with him and they are sharing the bedroom with our son on his two, soon to be three days each week.

I, personally, find it repulsive that a romantically involved couple would share a bedroom with a child. I mean, having two children, I can't imagine having my boyfriend or new husband for that matter share a room with me and my child. BUT, I don't know how it is likely going to be viewed in a court of law for him to have a woman sharing a bedroom with him and the child soon to be 45% of the time. If our son had his own room, I would have absolutely no issue with her being there.

I tried to talk to my ex about this issue, and asked him how they are handling things with her living there, but since we went to court last week and he was ordered to pay child support and my attorney fees, he refuses to speak to me about anything.

What's the verdict? Appropriate? Inappropriate?

 

[stealth2]

Given his lack of cooperation in the child support matter, my attorney has filed a motion for attorney fees relating to the child support issues.

Is that frequently granted, given his complete lack of cooperation?

Thanks all!!

My ex was given the right to hand ~$15k over to my attorney for much the same type of behavior.

In terms of the sleeping arrangements - your son is still an infant. I suspect it won't be considered that big a deal.

 

[mistoffolees]

In terms of the sleeping arrangements - your son is still an infant. I suspect it won't be considered that big a deal.

True. It may, however, be a violation of city codes. Of course, that isn't an excuse to deny visitation, so it's probably a useless bit of minutiae.

 

[InfantCustody]

True. It may, however, be a violation of city codes. Of course, that isn't an excuse to deny visitation, so it's probably a useless bit of minutiae.

I would never DREAM of denying visitation unless our son were injured and at immediate physical risk. I like our judge, and I like that I am on her good side. Being on her bad side is not somewhere I ever plan to be...I don't imagine it would be fun.

Like I said, I don't care that he lives with her or any other female, I just don't like him sharing a bed with those females in front of our child. Ewww...

 

[CJane]

True. It may, however, be a violation of city codes. Of course, that isn't an excuse to deny visitation, so it's probably a useless bit of minutiae.

Not picking on you Misto, but this sort of thing is said a lot. I've never seen a city code or ordinance that specifies how many people can share a bedroom or inhabit a home. For my own reasons, I'm rather curious about this.

Can you share an example of a related city code?

Or do you mean fire code - which not all cities have, and which don't necessarily apply to private dwellings?

 

[InfantCustody]

Not picking on you Misto, but this sort of thing is said a lot. I've never seen a city code or ordinance that specifies how many people can share a bedroom or inhabit a home. For my own reasons, I'm rather curious about this.

Can you share an example of a related city code?

Or do you mean fire code - which not all cities have, and which don't necessarily apply to private dwellings?

This seems to be an example: 4-56 Habitable space

I have no intention of making an issue of this on the basis of house size...but I was curious so Google searched it. I guess there are "minimum habitable space guidelines" but my issue is not about the number of people. Just the cohabitation while sharing a bedroom with the child...

City of Concord Housing Code

 

[CJane]

This seems to be an example: 4-56 Habitable space

I have no intention of making an issue of this on the basis of house size...but I was curious so Google searched it. I guess there are "minimum habitable space guidelines" but my issue is not about the number of people. Just the cohabitation while sharing a bedroom with the child...

City of Concord Housing Code

So it's an available square footage issue, not a number of people issue.

Anyway, I don't get what you're so grossed out about. Though you DO have the right to BE grossed out. Just not the authority to act on it.

 

[InfantCustody]

So it's an available square footage issue, not a number of people issue.

Anyway, I don't get what you're so grossed out about. Though you DO have the right to BE grossed out. Just not the authority to act on it.

\

I don't think it's appropriate to have a romantic involvement in the bedroom you share with a child. That is what grosses me out. I would never bring a boyfriend home and then sleep with him in the same room as my children. But maybe it's just me...

 

[CJane]

\

I don't think it's appropriate to have a romantic involvement in the bedroom you share with a child. That is what grosses me out. I would never bring a boyfriend home and then sleep with him in the same room as my children. But maybe it's just me...

Well, I doubt it's JUST you. But it's not a legal issue. Especially since kiddo is so young and is very likely to be oblivious.

 

[mistoffolees]

So it's an available square footage issue, not a number of people issue.

Anyway, I don't get what you're so grossed out about. Though you DO have the right to BE grossed out. Just not the authority to act on it.

There are a number of applicable code issues. That's one of them. In other cases, there is a limit of 2 people per bedroom (although infants may or may not count, depending on the city).

It gets very complicated. Sometimes, it's a city code. Sometimes, it's a homeowner's association rule. Sometimes it's a fire code. Sometimes it applies only to renters. May be square feet per person or people per bedroom. The point is that there MAY BE restrictions.

Of course, since OP doesn't want to make an issue of it (wisely, in my opinion), that's all moot.

The child is an infant. I just don't see that it's that big a deal. Of course, when the child gets older, it may matter, but who knows what the living situation will be by then?

 

[LdiJ]

There are a number of applicable code issues. That's one of them. In other cases, there is a limit of 2 people per bedroom (although infants may or may not count, depending on the city).

It gets very complicated. Sometimes, it's a city code. Sometimes, it's a homeowner's association rule. Sometimes it's a fire code. Sometimes it applies only to renters. May be square feet per person or people per bedroom. The point is that there MAY BE restrictions.

Of course, since OP doesn't want to make an issue of it (wisely, in my opinion), that's all moot.

The child is an infant. I just don't see that it's that big a deal. Of course, when the child gets older, it may matter, but who knows what the living situation will be by then?

Not too long ago, I read on cnn that a town had enacted a code stating that no more than three generations could share a household. They used one family as an example (and the family had plenty of space) It was a married couple, and their divorced daughter and her two children (three generations), then one of the elderly parents of the couple moved in, and the town cited them for having more than three generations in one home, and were taking legal action against them to have one of the generations move out. It was a grand total of six people living in like a 5 bedroom house.

There can be all kinds of wierd town ordinances (or even wierd HOA rules) out there.

 

[mistoffolees]

I don't think it's appropriate to have a romantic involvement in the bedroom you share with a child. That is what grosses me out. I would never bring a boyfriend home and then sleep with him in the same room as my children. But maybe it's just me...

As soon as you become the arbiter of what's appropriate for the rest of the world, your opinions might be relevant.

Legally, it's allowed, so there's nothing you can do about it. Furthermore, with a young infant, it's quite common. A LOT of people keep their infant's crib in their bedroom.