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Modification of Order

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mikecc

Junior Member
What is the name of your state (only U.S. law)? North Carolina

I have a court appointed lawyer for a show cause for child support. I have gained custody of my children back and signed paperwork to stop the ongoing support. I can not pay the amount they are asking. They combined my child support payment with my arrears and are now asking that it all be paid to arrears. I think this is not right to have me paying more money in arrears than the child support ever was. My court appointed attorney said I would have to pay him to file a motion to modify and I need to come up with money to pay during the show cause. I don't understand how this is so.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? North Carolina

I have a court appointed lawyer for a show cause for child support. I have gained custody of my children back and signed paperwork to stop the ongoing support. I can not pay the amount they are asking. They combined my child support payment with my arrears and are now asking that it all be paid to arrears. I think this is not right to have me paying more money in arrears than the child support ever was. My court appointed attorney said I would have to pay him to file a motion to modify and I need to come up with money to pay during the show cause. I don't understand how this is so.
You have already been answered on this. The appointed lawyer is ONLY representing you on the show cause. He cannot file anything that does not deal DIRECTLY with the motion to show cause. A modification does not directly with the motion to show cause.
 

mikecc

Junior Member
You have already been answered on this. The appointed lawyer is ONLY representing you on the show cause. He cannot file anything that does not deal DIRECTLY with the motion to show cause. A modification does not directly with the motion to show cause.
Thanks for the feed back! I did already ask this question. I just want to get clarification.

Can I file the motion to modify myself? Also, do you know where I can research any laws pertaining to my situation?
 

TheGeekess

Keeper of the Kraken
Thanks for the feed back! I did already ask this question. I just want to get clarification.

Can I file the motion to modify myself? Also, do you know where I can research any laws pertaining to my situation?
There was NO reason to start another thread.

NC Family Law Collection

Self-help links, information about NC court system
http://www.nccourts.org/

Quick information on Child Custody in NC

http://www.ncbar.org/media/75125/childcustody.pdf

Child Support Enforcement
http://www.ncchildsupport.com/
 

mikecc

Junior Member
There was NO reason to start another thread.
My apologizes. The original thread was mainly to ask if the lawyer could charge me for filing a modification. This thread is more about the case itself and what my options are.

Thanks for providing the websites!
 

TheGeekess

Keeper of the Kraken
My apologizes. The original thread was mainly to ask if the lawyer could charge me for filing a modification. This thread is more about the case itself and what my options are.

Thanks for providing the websites!
It's all about the same situation no matter how you slice it. :cool:
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? North Carolina

I have a court appointed lawyer for a show cause for child support. I have gained custody of my children back and signed paperwork to stop the ongoing support. I can not pay the amount they are asking. They combined my child support payment with my arrears and are now asking that it all be paid to arrears. I think this is not right to have me paying more money in arrears than the child support ever was. My court appointed attorney said I would have to pay him to file a motion to modify and I need to come up with money to pay during the show cause. I don't understand how this is so.
Honeastly? You wouldn't have this issue if you'd actually paid what was ordered in the first place. It wasn't right for the other parent to make up for your lack of support when you didn't pay it, either. Oh, I know - that was "different".

And yes, the lawyer wants to be paid for his/her work. How shocking is that?
 

mikecc

Junior Member
Honeastly? You wouldn't have this issue if you'd actually paid what was ordered in the first place. It wasn't right for the other parent to make up for your lack of support when you didn't pay it, either. Oh, I know - that was "different".

And yes, the lawyer wants to be paid for his/her work. How shocking is that?
Your absolutely right, I should not have let it get behind. Now that I have the children with me I understand how hard it is to provide for them and I should have taken that into consideration when the situation was reversed. I will work with the lawyer to get this straightened out.

Thanks for the advice everyone.
 

single317dad

Senior Member
Well, I had a nice long answer to this question, but just as I posted it last night OP deleted his thread.

I suggest you contact CSS:

http://www.ncdhhs.gov/dss/cse/geninfo.htm
 

mikecc

Junior Member
Well, I had a nice long answer to this question, but just as I posted it last night OP deleted his thread.

I suggest you contact CSS:

http://www.ncdhhs.gov/dss/cse/geninfo.htm
I didn't delete it. I also had trouble accessing the thread. I sent a message the admin.

I will refer to the site. Thanks!
 

stealth2

Under the Radar Member
Thing is - you STILL owe her that money! Getting custody doesn't absolve you of that debt.

So when do YOU think you should pay it back? When the kids are grown?
 

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