Motion To Modify Support In North Carolina

[NC_Dad]

What is the name of your state?NC I have a quick question about CS Modification. My ex has not worked for over 2 years (ex police officer) She is seeking more Child Support for the reason of increased needs for the children.
I have no problem with the money part nor am I trying to get out of paying CS which is now $900/mth. My question is this; could I argue that she is under-employed since she has been previously trained for police work and she chooses not to work? She does not work at all (kids are all in school full time) but I think she is just using the system. My kids are 14 & 16 and I have been paying CS faithfully for over 12 years. Any suggestions would be helpful. Thanks.

 

[VA_Mom]

What's her reason for not working? Is she disabled?

 

[NC_Dad]

She is fully capable of working. To make a long story short, she was discharged from a very small town police department for being unstable and a high risk. She sued the PD and rather than hire her back they settled for about 50K. She was also fired from other jobs (stealing, Wal-Mart) and this being a small community her reputation precedes her. She just doesn't like to work as she lives off of Welfare and Child Support.

 

[Neal1421]

She probably won't get the increase she is seeking as NC imputes both parents' income. Since she is capable of earning an income of her own they will calculate on for her and she will likely have to get a job herself. If there has been an increase in your income though, she may see a bit of an increase just probably not what she is looking for.

 

[Neal1421]

She is fully capable of working. To make a long story short, she was discharged from a very small town police department for being unstable and a high risk. She sued the PD and rather than hire her back they settled for about 50K. She was also fired from other jobs (stealing, Wal-Mart) and this being a small community her reputation precedes her. She just doesn't like to work as she lives off of Welfare and Child Support.

Sounds like you picked a winner. (no offense)

 

[NC_Dad]

The Dept Of Soc Services computed her income as minimum wage based on the fact that she has not worked for 2 years. I am curious to the fact that if I changed careers and made less money if they would reduce Child Support or calculate it on what I was capable of earning. My guess would be the latter as I am trained and employed as an engineer. Could I make the argument in court that she is under employed or am I just wasting my time arguing anything at all. And yes, the general consensus is I did pick a winner the first time. My new wife is not like the first wife at all.

 

[Zephyr]

The Dept Of Soc Services computed her income as minimum wage based on the fact that she has not worked for 2 years. I am curious to the fact that if I changed careers and made less money if they would reduce Child Support or calculate it on what I was capable of earning. My guess would be the latter as I am trained and employed as an engineer. Could I make the argument in court that she is under employed or am I just wasting my time arguing anything at all. And yes, the general consensus is I did pick a winner the first time. My new wife is not like the first wife at all.

does she have any higher education?

 

[CJane]

The Dept Of Soc Services computed her income as minimum wage based on the fact that she has not worked for 2 years.

How much more than minimum wage was she making as a cop and a cashier at WalMart? Cops really don't make all that much money.

 

[Zephyr]

How much more than minimum wage was she making as a cop and a cashier at WalMart? Cops really don't make all that much money.

but it would make a diffierence in the calculation, walmart cashiers make between 7-9 per hour, so even at the low end it's still 60 per week 240 per month more than min wage....based on full time

 

[VA_Mom]

She is fully capable of working. To make a long story short, she was discharged from a very small town police department for being unstable and a high risk. She sued the PD and rather than hire her back they settled for about 50K. She was also fired from other jobs (stealing, Wal-Mart) and this being a small community her reputation precedes her. She just doesn't like to work as she lives off of Welfare and Child Support.

It sounds as though she may have an actual disability. Not a physical one but a mental one. It happens and claiming she is living off of welfare and child support and wondering whether or not to take a lesser paying job does not solve anything. Before assuming, I would ask her as to why she does not work and if necessary, request the court to have her answer why she is not working. It sounds to me like her work history/references are up the creek and she can no longer work the same type of job.

Just an FYI, my ex claims that I am also living off of child support even though I do work. I HAD to take a lower paying job because my prior professional job had me away from home working 60-80 hours a week and the court even agreed that I made the better decision as a parent to not sacrifice my children over my career (even though I am taking online classes to further my degree)...meaning the money wasn't worth my children's childhood passing by. Nope - that is no reason why your ex is not working but I've seen quite a few NCP claim the CP is misusing child support.

 

[NC_Dad]

She graduated high school as valedictorian and has passed Basic Law Enforcement Training and then employed as a police officer for about 6 months. It would be very difficult for her to get employment as a police officer in the area where she lives due to the fact she was fired for many good reasons. She is known throuout the community as an undesireable employee, again for many good reasons. She was fired from Wal-Mart as a security guard for stealing and passing bad checks. Due to these facts it would be unlokely she would be employed in the community. Of coure she believes that I should pay more to support the boys, but she uses the money for other reasons. Is there anything I can argue to get her to be more responsible for supporting these kids?

 

[VA_Mom]

she uses the money for other reasons

Such as? Do you know and have proof of what she uses the money for?

Sounds like she was like most people with mental illnesses...quite bright.

The above questions are not to be sarcastic but questions that a court would ask if you made such statements. You will need to provide proof just as she will need to provide proof as to why she does not work. Actually a court does not monitor how parents use child support which can be both a good and bad thing in my opinion. Good because some of us already have a full plate keeping up with work and kids. Bad because some CPs actually do misuse the money for things such as drugs and fur coats.

 

[Zephyr]

Such as? Do you know and have proof of what she uses the money for?

Sounds like she was like most people with mental illnesses...quite bright.

The above questions are not to be sarcastic but questions that a court would ask if you made such statements. You will need to provide proof just as she will need to provide proof as to why she does not work. Actually a court does not monitor how parents use child support which can be both a good and bad thing in my opinion. Good because some of us already have a full plate keeping up with work and kids. Bad because some CPs actually do misuse the money for things such as drugs and fur coats.

Darn, I knew I should have bought that fur while I was getting CS! ah, missed the boat on that one

 

[Neal1421]

If her "reputation" is as bad as you say it is, why have you not tried to modify your custody agreement? It is obvious from what you say about her job at WalMart that she might not be the best person to have custody of the kids. If you do it now though, it may look like you are filing in retalliation for her seeking an increase in support.

 

[VA_Mom]

Darn, I knew I should have bought that fur while I was getting CS! ah, missed the boat on that one

Smart alek! There are some CP that live on completely welfare and take the CS money to pay on their pimped out Lexus SUV. I know a woman along with her husband (the stepdad) that only work so many hours a month so that they can get Section 8 housing, foodstamps and take the CS check to pay on their shiny creamed colored Lexus. They also are renting a 3-story townhouse in one of the nicest neighborhoods in the county!

It is wrong for those of us busting our behinds each day just to make a decent living. Oh well.