Basic NC court question

[coolmomof4]

What is the name of your state? GA - NC has juristiction

Does anyone in NC have an idea how long it takes for a court date once you file? (Not an emergency hearing, just a modification?)

 

[craftymom]

My husband's case was previously in NC. (ex filed motion to dismiss due to lack of jurisdiction and won) Prior to that ruling, the hearing date was to have been about three months from the filing date. This was in Cumberland County.

 

[coolmomof4]

Thanks, that's kinda what I thought. My husband's ex (the ncp) in the past has tried to stir up trouble right before the holidays saying the transportation and schedule is not fair, but she never does anyhting about it. I was just wondering if she would even be able to do anything before Thanksgiving. Guess not. (This is in Wake Co, which is probably more backed up than any other county).

 

[Grace_Adler]

Wake Co? Uh oh, yeah you'll probably have a long wait.

I don't know about modifications, maybe they're shorter than trying to open a child support case, but I know of a case of opening one where it took 8 months to go to court from date of filing. That was in Craven Co. It's probably alot shorter for modifications though.

For other stuff, they usually try to get you a date set up within 30 days of filing.

 

[tammy8]

My husband filed for modification of visitation only in June 99. He finally got to be in court in Dec 2001. While our case was a little usual in that there ended up being a lot of modification, I understand that it is not usual for this to occur.

 

[Ron57]

NC COURT Schedules

NCP in NC.

Call the Clerk of Court in the County where it's to be heard.
goto https://nddhacts01.dhhs.state.nc.us/home.jsp

I just had a hearing (finally) in New Hanover County.
Took from May until now, although it should have been heard in June, a mis-communication and it was continued.

This was a support modification to lower based on being unemployed, health issues adding to being unemployed, bad economy making market tight to find jobs in my field.

I want to offer hope to others in my situation, I lost the same issue in March (different Judge), but prevailed this time.
After all it's tough (HA!) to pay over $900/mth on unemployment.

 

[Grace_Adler]

I'm surprised you were granted a modification at all. They are hard as hell to get. Then, by the time you get to court, you may not even need one anymore.

 

[Ron57]

I know.
In March I got a hearing for Modification for being unemployed Oct 01 - Jan 02.
By March I was re-employed on a contract that had a lot of overtime up front, so the Judge said no modification, even to keep the arrearage fair for the 4 months I was on unemployment.
Then to add insult to injury, they decided that my per diem was inclusible AS INCOME for support!!!
Now, listen...
The NC Court said I have to work at my "Normal income".
That means:
1) I have to travel out of state on contracts
2) I have a home here with mortgage, electricity, gas etc bills
3) I have to incurr EXTRA EXPENSES while I am away from home
4) Per Diem is NOT TAXABLE & NOT INCOME under state (NC) or Federal tax law under my circumstances

So basically the Court in March said,
If you have to travel to maintain this income, then you do.
If you get paid for TEMPORARY HOUSING etc while STILL PAYING FOR YOUR NORMAL HOUSING here, well we want that $$ for support too. Even though there is no "profit" to me, I pay twice.

So I got shafted twice.

And I am currently in an e-mail / letter campaign with my state representatives/senators to clarify the law on that issue FAIRLY.

 

[Grace_Adler]

Well, that's NC for you. They just make it up as they go along and do whatever they want to do. Heck, that's probably the case in alot of states, but it's not the first time for this one.

Good Luck to you, hope you get somewhere with writing to legislation. All they send me is a thanks for writing letter.