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CSE is talking to the NCP about paternity and child support just after the DNA test results were released. What does that mean?

Raleigh, NC |

The paternity results package indicated that the child support case manager has asked the NCP to come into the office to "discuss paternity and child support". It was one of those 99.99% positive results. Does that mean that he is being offered the opportunity to settle the matter before it hits the November hearing? If so, do I have the option of accepted the amount or letting the matter go to court?

It's an interstate case and I’m the CP. My child and I live in another state and the NCP lives in NC. I filed for child support in my state and the state of NC is establishing an order.

Because of the MUCH higher cost of living in my state, can I motion to deviate from the guidelines? Also, my child’s med premiums and daycare costs are all scheduled to significantly increase in 2011.

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Attorney answers 2

Posted

My colleague above has given a correct answer. There is another option, but it would be more expensive and there are no guarantees you would end up with a better outcome.

The NC Child Support Guidelines allow a court to deviate from the Guidelines (award a higher or lower amount) when the formula results in an amount that is not enough or too much to meet the child's needs, or if the Guidelines amount is otherwise unjust or improper. Typically NC courts deviate when the child has special needs and the NCP can pay, or when the CP is already receiving a lot of third party support (deviate up in the first instance, down in the second).

Offhand I don't know if there is a case one way or the other where the court deviated upwards because the out-of-state CP lived in a high-cost state. But it might work.

You would need to shut down your existing child support case (get CSE to dismiss) and retain private counsel in NC to file and move the court to deviate. This would be more expensive than using CSE, and, as I said, there is no guarantee the court would grant your motion to deviate. Good luck.

Posted

You are represented by the CSE attorney. If the CSE attorney enters into an agreement with the NCP, then you are bound to that agreement. The NC guidelines are applicable to this case. The order will not be set based upon a future increase of costs. You can revisit the order if there is a substantial change in circumstances.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies.

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