Our Consent Order specifies a monthly child support amount, but I need to reduce my child support payment due to a recent salary reduction. If we ask the court to determine a new child support amount, will the court just use the standard NC child...
You would need to file a motion to modify your child support obligation and prove that there has been a substantial change in circumstances warranting a reduction if you have a permanent child support order in place. It is important to file a modification as soon as there has been a substantial change in circumstances immediately since the reduced amount (if it is in fact reduced) would be retroactive to the date of filing rather than the date of the change. Typically in an initial determination of child support if based upon the guideline amount for child support the local rules require financial disclosure of past 3 months paystubs, tax returns and W2/documents reflecting income for the past 2 years, documents reflecting expenses for child care, health care, uninsured medical, extraordinary expenses, documents reflecting ownership of stock or stock options (see Rule 10 of the local rules for Wake County). Typically a financial affidavit is used when the parties are requesting that the court deviate from the guideline amounts for child support. I would recommend discussing your matter with an attorney to understand the laws and requirements related to modification of child support and have an attorney assist you in this process, even if you decide to enter into another consent order for child support. Best of Luck!See question
My husband and I have been separated for the pass 10 years and we have a 13 year old son. My husband lives in Michigan and I live in North Carolina. We have no debt together or property. We have worked out custody, visitation, and child support. ...
If you want to try to do it yourself, you can go to the Clerk's Office on the first floor and ask for a divorce "pro se packet" and I think there is a small fee, but it also has instructions and as long as you follow them very carefully and go to the hearing, you should be able to do it yourself. If you don't want the hassle, most family law attorneys charge a reasonable flat fee to just do a divorce. One thing that I would suggest considering is having a court order as it relates to both child custody and child support if you do not already have one in place. This can also be relatively simple thing for an attorney to handle for you. Best of Luck!!See question
In his temporary order, it was stated for him to give a 48 hr notice for days that he want to visit his son. If there is additional time request that also within 48 hrs. This is his weekend for overnight visits and he requested to take him back Su...
Based on the information that you have provided, it is difficult to understand what the Order actually says. For instance if there is a visitation schedule that says Dad shall have physical custody every other weekend from Friday at school pick up until Sunday at 6pm, however Dad shall give Mom at least 48 hours notice of his plan to exercise visitation, then I don't see that there would be a problem. However if it doesn't define his custodial time with the child then there could be an issue, and you should probably have his attorney read the order carefully and explain it to him. I am not sure why Dad would have ever agreed (if he did in fact agree) to a custodial arrangement that has no defined custodial time and sounds like it may be entirely dictated by Mom?? and he has to give 48 hours notice each time of his intent to exercise his visitation. I definitely think it would be worth while to review the order with his attorney and understand what his allocated custodial time is and to address any issues before the May hearing.See question
will a restraining order prevent me from having joint custody of the kids
If you are in a domestic violence situation, in which you are being abused, then please seek help for yourself and the protection of your children, and you may be able to obtain a domestic violence protective order to keep the person abusing you away from you and/or the children. I don't think that anyone needs to tell you that exposing children to domestic violence is not good, however, if you are experiencing violence, then you need to do something about it to stop it, for both yourself and your children. I would suggest speaking with an attorney to discuss all the facts of your case but just because you have a protective order in place against another person who was abusing you, that fact alone should not be detrimental to you obtaining joint custody of your children, the fact that you took action to stop the violence and fix the problem should be favorable to your case, it would be doing nothing and letting violence continue to occur in their presence that would potentially be the bigger issue.See question
I am fighting pro se and I read it somewhere but cannot recall where? Also, I bring evidence to court and hand it to everyone is what I am assuming, please correct me if I'm wrong
I am not sure what you mean by declaration?? Maybe affidavit? There are some local rules for timelines for affidavits in certain types of cases, I would suggest reading the local family court rules for your county, the statutes pertaining to your legal matter, the NC Rules of Civil Procedure, and the Nc Rules of Evidence. As for your evidence, yes you may hand it to the other party and the judge but it will need to be properly entered before it will be in evidence.
Best of luck and if it overwhelming, consider hiring a lawyer to help you.See question
We will be separated for 1year 4/8/15. I have emails regarding conversations with us agreeing for him to pay the monthly health insurance premiums while I paid OUR state tax debt. I received a call today from my Dr. Saying I do not have Tricare co...
First and foremost I would suggest that you schedule a consultation with a family law attorney asap. Unfortunately emails while they may be evidence of your agreement, they are likely not enforceable as an agreement, since agreements between a married couple need to be in writing and notarized. However, this doesn't mean that you are without recourse. Depending on your situation you may be able to obtain injunctive relief basically asking the court that he be ordered to maintain the insurance coverage until you can be heard on other marital claims.
There are many questions that need to be answered, and you can discuss these in detail when you meet with an attorney. I am assuming that the children are also his children? Health insurance coverage for children is usually part of a child support order and you have been separated for almost a year, but don't have a child support order? You would also want to have a child custody order in place as well. As for the tax debt, that would be part of your property settlement (that settles both assets and debts during the marriage).
Best of Luck!See question
My daughter's mother wants to possibly go to court. She has a controlling issue. She puts her own personal issues in the way of my relationship with my daughter. For example if she finds out I'm talking to another female then she won't let me see...
It sounds like you don't have a child custody order and need one so that your daughter's mother does not control your access to your daughter. Please seek the assistance of an attorney to discuss your situation, you may want to file yourself rather than waiting for her to do so. I am not she what arrangement you have in place at this time, but talk with a lawyer about the specifics and understand how things work in North Carolina as it relates to child custody.
Best of Luck!!See question
My ex recently filed a Motion to Modify custody on grounds that my attorney felt were pretty weak. We have a court date on the calendar. Now I am wondering if there is some kind of standard "counter" document that we could have filed to have the...
I am not sure what "counter" document you may be referring to, but I do not know of any such document that your attorney to could file to save everyone time and money and not allow your ex to be heard on his motion to modify child custody. I am assuming that you have a permanent child custody order in place that your ex's (or his attorney) has filed to attempt to modify the custodial arrangement. In order to modify a permanent order a party must first show that there has been a substantial change in circumstances since the permanent order was entered and then must show that it would be in the child's best interest that the custodial time be modified presumably to give him more custodial time. Your attorney has a few options available to him, he could motion to dismiss, but I don't know how weak his grounds are but if all the allegations could be taken as true and it would meet the initial burden of a substantial change since the original order was entered then the judge would deny it, and may even deny it regardless, I don't know. There is the potential to ask for attorney fees though, for you having to litigate this motion when there has not been a substantial change in circumstances that would warrant a modification.See question
Recently the court order that my exhusband only have visitations with our 3 kids if I approve of it. He has not reached out to the kids in nearly 2 years. He has also been in and out of jail for drug related charges and spent some time in rehab pr...
If you and the children have lived in NC for the past 6 months or more, then North Carolina is the home state of the children for the purposes of jurisdiction (Uniform Child Custody Jurisdiction and Enforcement Act--UCCJEA), unless of course you have a custody order from Kansas? If you do not have a custody order from Kansas and there has been no determination of custody previously, and the children have been here for 6 months or more then NC would have jurisdiction. If your case is in Kansas, then you may want or need to have an attorney motion to transfer your case to NC, you would probably want to discuss this in detail with an attorney here and perhaps there to see if that would be the best route in your situation.
If there is no pending custody action between you and Dad and the children have been here more than 6 months, then your ex-mother-in-law cannot bring an independent action to get visitation. In North Carolina, there must be a pending custody action in place in order for a grandparent to intervene in the action to get visitation with the minor children. Now that doesn't mean that a grandparent who has a significant parent/child like relationship with the child could not bring an action under a separate statute to get custody, but that grandparent would have to prove that you as the parent have acted inconsistent with your constitutionally protected right to the care, custody, and control of your children,as well as that it would be in the best interest of the children that their care be vested with that grandparent and from the basic information you have provided, it doesn't sound like that is the case.
It would probably be worthwhile to consult with an attorney in your area to fully understand what everyone's rights are, and what you may want to do depending on your specific circumstances.
Best of Luck!!See question