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-   -   CHild Support Order (in North Carolina) (https://www.askmehelpdesk.com/showthread.php?t=230167)

  • Jun 24, 2008, 06:46 AM
    berrysweetncgurl
    CHild Support Order (in North Carolina)
    OK so I have a 2 year old little boy, when the child support order was put into place by the court in March the father was unemployed so they ordered him to pay $102 a month until he became "gainfully employed" Then we were supposed to go back to court for a modification. He started laying block and is now making $15.00 an hour and bringing home $600-$800 a week paychecks. He still isn't even paying the $102 a month child support order.

    I have 3 problems. The first is... I have been contacting my child support worker EVERY day for weeks now, she will not return my calls or let me know anything regarding my case.
    Can I start the modification process without her? Can I go over her?

    The second is, The father is having his employer alter his paystubs to show that he is making only $12 an hour, but he confided to me yesterday that he is making $15 an hour and his boss is just cutting him a break. (also the child support is not garnished from his check even though the court order said that when he became "gainfully employed" the support would be garnished.

    The third is, HOW CAN I GET THIS PROCESS ROLLING? I mean I think it is ridiculous that he makes in a day what he is ordered to pay per month...

    He has sent one $100 payment since March?? How much further behind can he get before they find him in "contempt?" and also since he is due a Stimulus Check, will I receive that check for the past due support?


    Any and all answers are greatly appreciated!
    By the way I am in North Carolina if that will help answer my questions:confused:
  • Jun 24, 2008, 06:50 AM
    N0help4u
    I would go down to the court asap and tell them I wanted to fill out a modification form.
    I do not think you need to involve your worker.
  • Jun 24, 2008, 06:58 AM
    berrysweetncgurl
    Thank you! As soon as I seen your answer I called the courthouse and they told me I can fill out Modification papers there!!
  • Jun 24, 2008, 07:05 AM
    JudyKayTee
    Quote:

    Originally Posted by berrysweetncgurl
    OK so I have a 2 year old little boy, when the child support order was put into place by the court in March the father was unemployed so they ordered him to pay $102 a month until he became "gainfully employed" Then we were supposed to go back to court for a modification. He started laying block and is now making $15.00 an hour and bringing home $600-$800 a week paychecks. He still isnt even paying the $102 a month child support order.

    I have 3 problems. The first is...I have been contacting my child support worker EVERY day for weeks now, she will not return my calls or let me know anything regarding my case.
    Can I start the modification process without her?? Can I go over her?

    The second is, The father is having his employer alter his paystubs to show that he is making only $12 an hour, but he confided to me yesterday that he is making $15 an hour and his boss is just cutting him a break. (also the child support is not garnished from his check even though the court order said that when he became "gainfully employed" the support would be garnished.

    The third is, HOW CAN I GET THIS PROCESS ROLLING? I mean I think it is ridiculous that he makes in a day what he is ordered to pay per month.....

    He has sent one $100 payment since March??? How much further behind can he get before they find him in "contempt?" and also since he is due a Stimulus Check, will I receive that check for the past due support?


    Any and all answers are greatly appreciated!
    By the way I am in North Carolina if that will help answer my questions:confused:


    Are you certain of your figures? At $800 take home a week/$15 an hour, allowing for deductions, he would have to be working 79 hours a week. Maybe he is.

    You can go back to Court and file for a modification citing changed circumstances. You don't go over anybody's head, you just go back to Court.

    No, you aren't entitled to his stimulus check unless there's an Order that he is in arrears and that info is filed with or available to IRS.

    Support in NC is by Statute and they factor in: Monthly income of both parents, monthly support paid either parent for other children, cost of child's health insurance, daycare expenses paid by either parent.

    For example, with his income at $800 a week or $41,600 a year, figuring no other children, your income at $20,000 a year (because I had to come up with a figure), no health insurance expenses, $400 a month day care the non-custodial parent would be ordered to pay $522 a month.
  • Jun 24, 2008, 07:12 AM
    berrysweetncgurl
    He works a LOT of hours a week and everything over 40 he makes $22.50 an hour (overtime)... my figures are gross figures not net.

    He is in arrears. His support order is $102 a month and $10 a month in arrears= $112 a month. (I forgot that in my original post, sorry :)

    I make less than $20,000 a year :( I make $8.50 an hour, 40-45 hours a week, and I get daycare vouchers so my son can go to daycare while I work. I pay a parent fee of $140/monthly (which I thank God for everyday because not everyone gets childcare that inexpensive)

    His puny little $100 a month doesn't even cover childcare much less diapers, rent, utilities, food.

    I felt like I won a scratch off ticket when I got that ONE check about 2 weeks ago for $100
  • Jun 24, 2008, 07:17 AM
    N0help4u
    With the modification due to his work it should be well over 102 a month so go asap.
  • Jun 24, 2008, 07:20 AM
    JudyKayTee
    Quote:

    Originally Posted by berrysweetncgurl
    He works a LOT of hours a week and everything over 40 he makes $22.50 an hour (overtime)...my figures are gross figures not net.

    He is in arrears. His support order is $102 a month and $10 a month in arrears= $112 a month. (I forgot that in my original post, sorry :)

    I make less than $20,000 a year :( I make $8.50 an hour, 40-45 hours a week, and I get daycare vouchers so my son can go to daycare while I work. I pay a parent fee of $140/monthly (which I thank God for everyday b/c not everyone gets childcare that inexpensive)

    His puny little $100 a month doesnt even cover childcare much less diapers, rent, utilities, food.

    I felt like I won a scratch off ticket when I got that ONE check about 2 weeks ago for $100


    You said "bringing home" when referring to his paycheck. I thought that was net.

    You certainly are going to be awarded more than you are currently receiving!
  • Jun 24, 2008, 07:21 AM
    berrysweetncgurl
    Lol I hope so because it tears me up that he is making so much money and it is all being pissed away rather than helping his son

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