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searsbootcamp · Oct 8, 2011, 02:59 PM

I haven't seen my son for over 5 years. This is due to the mother moving over 800 miles away. I don't have resourses to fight for visitation. If I voluntarily give up my rights, am I required to continue to pay child support?

twinkiedooter · Oct 8, 2011, 03:01 PM

Only if the child is adopted do you stop paying child support.

searsbootcamp · Oct 8, 2011, 03:24 PM

I have a health condition which will force me to not work. Placing me on disability. How is an existing child support order in NC effected?

searsbootcamp · Oct 8, 2011, 03:26 PM

Thank you, there are so many views of this. Lawyers in my area require a fee to advise you of this. Thanks again

cdad · Oct 8, 2011, 03:50 PM

It will not change until you go to court and change it. You need to do this right away so you don't get into arrears or further arrears from your situation.

ScottGem · Oct 8, 2011, 03:55 PM

Originally Posted by searsbootcamp

I have a health condition which will force me to not work. Placing me on disability. How is an existing child support order in NC effected?

You file a petition to modify the support based on diminished income.

At the same time you ask that the visitation order be modified to have the mother share the costs of the child visiting you.

Did you give permission for the mother to move? Did she get court permission? Did the move not allow you to exercise your visitation?

searsbootcamp · Oct 9, 2011, 05:19 AM

No permission was given to the parent. She is willing only to meet in her zipcode, forcing me to do the commute. I honestly don't have resources to do such.
((she did not seek nor been given permission by courts to leave))
I have been successful with every < motion to modify>> by myself w/o counsel.

Can you please touch on the visitation re: shared costs. I have requested from her in past, been told " she can't afford based on the support she receives".

I am very grateful for all the advise given!!

ScottGem · Oct 9, 2011, 07:11 AM

Originally Posted by searsbootcamp

No permission was given to the parent. ...
((she did not seek nor been given permission by courts to leave))

And why did you not do something about this when it happened? The moment you found out about the move, you should have been in court asking that a contempt of court warrant be issued and that custody be awarded to you. But since you let it go and 5 years have past, you really have no one but yourself to blame.

If she claims she can't afford to share the costs of visitation, you take her to court and have her prove it. The main point here is that SHE violated your visitation rights by moving. If you have acted immediately, you may have forced her to return or to cede custody to you. At the least, you might have forced her to agree to a modification of the visitation. For example, lets say you had alternate weekends, but not its too far. So instead you get school holidays and a month during the summer, maybe even at her expense. This is a typical compromise otherwise the court awards you custody. But, again, this was 5 years ago. Probably too late to act now.