#1 Consumer Comment
AUTHOR: Dave - Jacksonville (U.S.A.)
SUBMITTED: Tuesday, July 24, 2007
POSTED: Tuesday, July 24, 2007
How in the world can you lose everything because of an extra $300.00 month? I can see the car being repoed, which would free up funds for the house payment. Doesn't sound right...
#2 Consumer Suggestion
AUTHOR: D - Springfield (U.S.A.)
SUBMITTED: Tuesday, July 24, 2007
POSTED: Wednesday, July 25, 2007
First off, go talk to legal aid in your state about getting assistance/lawyer. Ask about a motion for reduction. The courts are required to consider the support amount needed for BOTH of your children, not just one.
You do not have to wait for Child Support Enforcement for the review. You are permitted to file directly with the court anytime. Be prepared for the child support enforcement to attempt to impute income because you have shown a previous earning ability, however, make certain that the courts are aware you also have a second child in your custody. Support enforcement cannot take money from one child to feed another, it must be handled equally.
No, I am not a lawyer, contact legal aid ASAP for assistance. These are just my opinions and sugestions from having worked for an attorney and dealt with this type of case personally.
#3 Update By Author
AUTHOR: Jeremy - Hickory (U.S.A.)
SUBMITTED: Thursday, July 26, 2007
POSTED: Thursday, July 26, 2007
I would like to go on the record of saying that as a single father that I was barely making ends meet. I didn't have much money to begin with. I was trying to keep up with all my bills at the time and that is how I ended up loosing both. When the money that you are making is really only enough to just get by an extra $300 a month that you have to pay out hurts.
Also for the second comment I did file for the motion and I was told that I didn't have a case since I managed to make that much money before and I explained to them that it was during the summer months only that I made that kind of money due to the overtime I was getting. They ended by saying that since my daughter that I am paying the support for was born first that she would also be considered for more of my income then my son.
#4 Consumer Comment
AUTHOR: Sandra - San Jose (U.S.A.)
SUBMITTED: Thursday, July 26, 2007
POSTED: Thursday, July 26, 2007
I am a mother of a daughter, and she is now 8. Her father and I share 50/50 timeshare. He is a truck driver and I work for a law firm. He is currently only paying $122 per month. Seems like maybe the only way you will be able to get that lowered is if you fight for more physical custody.
I know that the laws here in California you are able to modify your paper's at anytime due to income change, change of custody and other issues as well. Good luck to you.
#5 Consumer Suggestion
AUTHOR: D - Springfield (U.S.A.)
SUBMITTED: Thursday, July 26, 2007
POSTED: Thursday, July 26, 2007
Who was the person that told you the first born is entitled to more? If it was the judge, then I would file a complaint with the Judicial Review Committee that oversees the judges, and additional filing of an apeal to take it to the higher court if it was handled in Juvenile court.
Please contact legal aid and speak with someone else if it was a lawyer that told you that, because there is a problem with that information. If you were told this by CSE, they are not doing their work properly.
As I stated, they can impute income, but there is not a "first born" regulation. Call around to several attornies in the area and question what you were told. Most are willing to do a quick consultation over the phone for no charge.
You can also perform your own search by the internet for the regs. Type in North Carolina Child Support regulations then search for items like "multiple children support", and other keywords to that extent.
Agan, please do not consider this as advice from a lawyer, I am only giving my input and opinion to help you locate the information.
#6 Consumer Comment
AUTHOR: Madashell - Stephens City (U.S.A.)
SUBMITTED: Sunday, October 28, 2007
POSTED: Sunday, October 28, 2007
Usually Legal Aid ONLY assists Custodial Parents, not MEN, and NOT Non Custodial Parents. I would suggest you educate yourself, and file your own motions as ProSe.
Get stephen baskerville's book called, Taken into Custody...read the chapter about the child support enforcement conspiracy in this country - it has NOTHING to do with the Children, their best interests or YOUR situation. ITs all about money and how the states fund themselves by squeezing parents like yourself. good luck. check online sources by googling fathers rights or non custodial parents - there's help out there, but you have to SEEK it.
#7 Consumer Suggestion
AUTHOR: Johann - Hickory (U.S.A.)
SUBMITTED: Sunday, June 22, 2008
POSTED: Monday, June 23, 2008
I am going throu the same as jeremy.I was lied to from child support services in hickory n.c also. I got a letter that my support would go up by $300, that is well over $500 per month for 2 children and that is with joint custody with 144 over-nights. Child support agency told me that I can do nothing about it and that they are going by the child support guidelines, of course this was a lie. If my child support goes up $300 per month, I will loose my house and I have to sell my car and my wifes car and we(I, my wife and my wife's child) would be with-out a roof over our head and no transpotation.I searched the internet for many days to get answers.
Did the agency tell you that you can file for " deviation of child support guidlines" , that is § 50-13.4(c).That is what I am filing right now.I will let you folks know how that goes.A lot of people do not know this, because the agency will not tell you or the lawyer sees that you may have not the money to pay him or you just have not a case. I talked to some lawers and they told me it is hard to do, but between the lines I had a feeling that most of the lawers did not do any " deviation of child support guidlines" cases.
Not covered by regular child support guidline,are rent,house payment,car payment,electricity etc. I think you get the hint and under the " deviation of child support guidlines" it may be considered.All I can say is, save all your receipts.
Jeremy in your case if you could get joint custody you would pay less child support. Also if you have joint custody and over 144 night-over of your childs visitation, the child support would drop even lower.
Between 1 and 2 chidren there is not a lot of differance of child support.
Some-one mentioned here that you will get credit for your 2nd child with a different mother. Yes,...but .Your child obligation with your 2nd child and the child and mother of your 2nd child living with you counts as 1/2. If the court did not count the 2nd child as support obligation the court is wrong and you can apeal the courts decition.This should be retro-active when ever the original court-order was put in place.
Also, overtime on a consistant basis, retirment, even constant support(free rent,grocery,money for school supplies,diapers etc.) from your parents friends etc. is and could be considered as income. One time income like lottery,compensation if you got hurt on your job is not considered as income.
You may do a motion for child support review every 3 years or 15% difference of your total income before taxes. Esecialy if your status changed and you are the main care taker of your 2nd child and I belief that makes some difference.
Here is the link for deviation of child support law in N.C.
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-13.4.html
http://www.benderlaw.com/can_a_judge_deviate.html
http://www.aoc.state.nc.us/www/public/coa/opinions/2001/001316-1.htm
http://ncinfo.iog.unc.edu/pubs/electronicversions/pdfs/childsupport.pdf
(go to pdf page 65 or document page 45)
http://www.ncleg.net/enactedlegislation/statutes/html/bychapter/chapter_50.html
(go down the page to find § 50-13.4(c) )
I am not a lawyer but like I said before I spend days on the internet finding the real laws rules and regulations that child support services will not tell you.
If you have to pay child support you are wrapped up in an unjust justice system leaving the non-custodial parent in the poor house, while the custodial parent enjo tax free money and tax breakes.
All I know if my exwife and I would be still together I am sure that I would not spend well over $500 per month and every month year in and out.
#8 Consumer Comment
AUTHOR: Layla - Bethlehem (U.S.A.)
SUBMITTED: Monday, June 23, 2008
POSTED: Monday, June 23, 2008
If you are paying $400 month, this is what you should be paying. Daycare costs alone are between $500 to $1,000 a month. You certainly cannot expect a mother to take care of a child with $100 a month?? This is nothing but gas money. I don't know what your salary is, but I personally know people working for fast food establishments and pay more than $100 for child support. I think you are complaining when you should not be.
#9 Consumer Comment
AUTHOR: Ms.darby1 - Southern Pines (U.S.A.)
SUBMITTED: Wednesday, July 22, 2009
POSTED: Wednesday, July 22, 2009
How do you think they treat the mothers. I have a case open and my childrens father gets paid under the table and I only get $56/month for two children. You should feel sorry for me. I call every month trying to get a payment. They don't believe me when I tell them where he works, how much money he makes. I should know we lived together before. I had to pay a Lawyer in order to get a payment. This sorry piece of a so called father is behind 4 years of payments. Do you think I should feel sorry for you.