Motion To Modify Support In North Carolina

[Zephyr]

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.

OMG!!!!
those types are one of the two big reasons ncp and cp hate each other as groups

 

[Bali Hai]

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.

Don't even entertain that thought and NEVER speak it.

You are held to a different standard than she.

 

[NC_Dad]

Basically, I need to question why she is not working at all. The "mental" disability would be difficult if not impossible to prove. As for the change in custody, I have discussed with my teenage sons that possibility. They have lived in that community for 6 years, they are doing very well in school and can manage their grades and lives without involving her to any extent. They would have to change school and friends they have know for many years and are not willing to make that change at this point. I know the money she gets she can do whatever she wants with. I have provided my boys with "extra" things as a good parent does. She provides the bare minimum to these boys financially, emotionally and socially. I only want what is "fair" and will always support my kids. THey will turn to me for help with college and everything else that is important in life. both financially and emotionally. They know I am dependable and honest and a good parent. They see her for what she is. I have been to court in her community before. They love moms that play "victim" and every Non custodial father is an "absent parent". That is the official wording they use. I am finished ranting.... Sorry. Any more advice will be appreciated.

 

[Grace_Adler]

As for the Walmart thing, not all Walmart cashiers make between $7 and $9 an hour. They certainly don't in VA and NC. It's closer to $6/hr.

However you mentioned that she was a security guard but even they make less than $10 an hour.

They are going to take into consideration the fact she can't return to law enforcement. And they are going to look at the job market in the area and what she would be able to do. And let me tell you, the job market in NC SUCKS! So I can see why they are imputing her at minimum wage. Although personally, I think they could go a dollar higher, not like it would make much difference. What was she making as a cop? Like $25k a year?

If you were making income in the gray shaded area of the child support guidelines, they will not even take the CP's income into consideration at all. That gray shaded area also happens to mean that the NCP is not making a lot of money. That's one thing I hate about NC. I don't know what idiot made those screwed up guidelines. If you were making $800 a month and she was making a million a year, they would not even figure her income into the calculation. Can you believe that crap? Anyway, it sounds like you don't fall into that category.

Just don't expect them to impute her income too high. If she does get an increase, and that's a big IF, then it probably won't be much. JMO.

 

[NC_Dad]

Thanks Grace. I figured I didn't have a chance, but thought I would cast a line through here to see what would come up. The "system" here does not do anything except protect the "mother" at all costs. I know that many fathers here in NC do not keep up with their kids' lives, but the good fathers pay for this. The DSS even refers to me as the "absent parent". I am going to show up in court tomorrow just to make sure I don't get shafted more. Thanks again.

 

[Grace_Adler]

You're welcome. I hope things turn out ok. I think going to court is a good thing because you're right, if you're not there, you could easily get the shaft. And I agree, from what I've seen, they are biased towards females here. I don't understand why they can't refer to people as maybe the obligor, or something similar. I never really liked.. NCP or absent parent because they aren't necessarily correct.

 

[Grace_Adler]

Hey, I just thought about this. I don't know if you have these websites, but maybe they will be useful to you.

www.ncchildsupport.com (If you have a case through them you can also look at info concerning your case.)

http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl

http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/index.htm

 

[NC_Dad]

Thanks GA. I have seen these sites. Your advice is appreciated.

 

[Underthumb]

I need to know where in NC you are because my husband is the one being treated like a king in NC! I don't even work 40 hours a week and had the check stubs to prove it and he always works over time and CSE calulated BOTH our incomes at 40 hours! I am so getting screwed, can barely make my bills and afford to buy my kids shoes while he is walking around in brand new shoes! I work my butt off and he is wasting money on everything but his kids. They also told me that I couldn't get back support from the time he moved out unless I proved need and an eviction notice for where I live is not necessarily need cause he is only responsible for half of it...the half my kids use! They told him that I could get a better job (I was a housewife for the last nine years with employment here and there cause HE didn't want me to work) and didn't understand why I didn't cause there were jobs everywhere, I'd like to know where! Also informed him he didn't HAVE to pay support til it was court ordered! I do believe you are being screwed and I hope things work out for you and give you applause for being there for your kids... I wish my kids had a father like that. Good luck

 

[Grace_Adler]

I'm sorry you're getting screwed too. I can't believe they did that when you haven't worked in 9 years. And you're right, there are no jobs making more than $7/hour here unless you have lots of experience and a degree in something and jobs are scarce and job competition is high.

According to the CSE site, you can ask for support back until the date you filed a petition.

You need to move to Craven Co.

NC Dad, good luck tomorrow. Give an update if you can.

 

[raisin3]

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.

I have to wonder the same thing. If the things your are saying are true and have the proof to back it up why haven't you tried to pursue custody of your children. Your ex might not be in the right state of mind to responsible provide for the children.