Non-custodial parent

[lisa2568]

What is the name of your state? NC (actually this is for my brother who lives in NC)

My brother and his ex-girlfriend lived and separated in Florida. She filed for (and is receiving) child support for their three kids in the amount of $1400/month. Since then, my brother has moved to NC, married and has two kids with his current wife. His ex-girlfriend also relocated to NC about a year and a half ago but refuses to change her information to NC because she knows that FL awards her more in child support than NC. My brother's income has reduced by about 15,000/year about two years ago. He filed with the FL courts for a child support reduction approximately 8 months ago and is yet to hear anything about re-evaluating child support. He's contacted social services and they said they should've automatically evaluated child support a year ago and still haven't done it. He called Florida again and originally they said it can take 8 months to set a court date and now they're saying it takes a while to get a court date for readjusting child support.

This all seems entirely unfair. He was told he can't change the state even though they both live in NC - only the person who originally filed can do that. FL is giving him the big run-around and in the meantime, his ex-girlfriend is harassing his new wife's family... sending them notes, calling them, etc. and telling them "what kind of man" his new wife married. She even has cut off the phone, deleted the kids' e-mails and took away the cell phones my brother gave the kids so they can call him when they wanted so that my brother can't have access to his kids. He and the kids want my brother to have custody but she has threatened to "turn him in" for some check fraud issues he had about 10 to 15 years ago. He already was on probation for check fraud but she said that they don't know "the whole story."

What is the statue of limitations for that stuff and what can my brother do? He's been on the "straight and narrow" for the last 10 years and is really trying to do the right thing with both families. His boys (with his ex) say they're tired of moving in with their mom's new boyfriends every few months (there have been 8 internet boyfriends she's moved in with in the last year). Please help...

 

[Gracie3787]

What is the name of your state? NC (actually this is for my brother who lives in NC)

My brother and his ex-girlfriend lived and separated in Florida. She filed for (and is receiving) child support for their three kids in the amount of $1400/month. Since then, my brother has moved to NC, married and has two kids with his current wife. His ex-girlfriend also relocated to NC about a year and a half ago but refuses to change her information to NC because she knows that FL awards her more in child support than NC. My brother's income has reduced by about 15,000/year about two years ago. He filed with the FL courts for a child support reduction approximately 8 months ago and is yet to hear anything about re-evaluating child support. He's contacted social services and they said they should've automatically evaluated child support a year ago and still haven't done it. He called Florida again and originally they said it can take 8 months to set a court date and now they're saying it takes a while to get a court date for readjusting child support.

This all seems entirely unfair. He was told he can't change the state even though they both live in NC - only the person who originally filed can do that. FL is giving him the big run-around and in the meantime, his ex-girlfriend is harassing his new wife's family... sending them notes, calling them, etc. and telling them "what kind of man" his new wife married. She even has cut off the phone, deleted the kids' e-mails and took away the cell phones my brother gave the kids so they can call him when they wanted so that my brother can't have access to his kids. He and the kids want my brother to have custody but she has threatened to "turn him in" for some check fraud issues he had about 10 to 15 years ago. He already was on probation for check fraud but she said that they don't know "the whole story."

What is the statue of limitations for that stuff and what can my brother do? He's been on the "straight and narrow" for the last 10 years and is really trying to do the right thing with both families. His boys (with his ex) say they're tired of moving in with their mom's new boyfriends every few months (there have been 8 internet boyfriends she's moved in with in the last year). Please help...

Whoever told your brother that he cannot change it to NC is full of it.

Your brother has every legal right to file a motion to change venue with the court. Basically this NEEDS to be done BEFORE any modification can be done for the simple reason that with both parties living in NC, Florida cannot enforce jurisdiction any longer. If CSE knows that they are both in NC now, it's possible that this is the hold up on it.
Gracie

 

[betterthanher]

What is the name of your state? NC (actually this is for my brother who lives in NC)

My brother and his ex-girlfriend lived and separated in Florida. She filed for (and is receiving) child support for their three kids in the amount of $1400/month. Since then, my brother has moved to NC, married and has two kids with his current wife. His ex-girlfriend also relocated to NC about a year and a half ago but refuses to change her information to NC because she knows that FL awards her more in child support than NC. My brother's income has reduced by about 15,000/year about two years ago. He filed with the FL courts for a child support reduction approximately 8 months ago and is yet to hear anything about re-evaluating child support. He's contacted social services and they said they should've automatically evaluated child support a year ago and still haven't done it. He called Florida again and originally they said it can take 8 months to set a court date and now they're saying it takes a while to get a court date for readjusting child support.

This all seems entirely unfair. He was told he can't change the state even though they both live in NC - only the person who originally filed can do that. FL is giving him the big run-around and in the meantime, his ex-girlfriend is harassing his new wife's family... sending them notes, calling them, etc. and telling them "what kind of man" his new wife married. She even has cut off the phone, deleted the kids' e-mails and took away the cell phones my brother gave the kids so they can call him when they wanted so that my brother can't have access to his kids. He and the kids want my brother to have custody but she has threatened to "turn him in" for some check fraud issues he had about 10 to 15 years ago. He already was on probation for check fraud but she said that they don't know "the whole story."

What is the statue of limitations for that stuff and what can my brother do? He's been on the "straight and narrow" for the last 10 years and is really trying to do the right thing with both families. His boys (with his ex) say they're tired of moving in with their mom's new boyfriends every few months (there have been 8 internet boyfriends she's moved in with in the last year). Please help...

I also believe (in addition to Gracie's comments) that the CP is required, by law, to inform CSE of any address changes, etc.

 

[45Frank]

I also live in NC but was divorced in Nj. I have tryed to move things to NC, I have custody of my children. Only the county who ordered motion can give up jurisdiction.
Since moving here I 've talked to many prents in the same situation and don't know if it would be less or no, but they do in my area take child support seriously and will come get you and jail you even let you sit there, I have a friend who will now work till the end because he's been in jail a few times and no longer misses payments. Unfortunitly NJ is all politics and could care less.
Good luck;

What is the name of your state? NC (actually this is for my brother who lives in NC)

My brother and his ex-girlfriend lived and separated in Florida. She filed for (and is receiving) child support for their three kids in the amount of $1400/month. Since then, my brother has moved to NC, married and has two kids with his current wife. His ex-girlfriend also relocated to NC about a year and a half ago but refuses to change her information to NC because she knows that FL awards her more in child support than NC. My brother's income has reduced by about 15,000/year about two years ago. He filed with the FL courts for a child support reduction approximately 8 months ago and is yet to hear anything about re-evaluating child support. He's contacted social services and they said they should've automatically evaluated child support a year ago and still haven't done it. He called Florida again and originally they said it can take 8 months to set a court date and now they're saying it takes a while to get a court date for readjusting child support.

This all seems entirely unfair. He was told he can't change the state even though they both live in NC - only the person who originally filed can do that. FL is giving him the big run-around and in the meantime, his ex-girlfriend is harassing his new wife's family... sending them notes, calling them, etc. and telling them "what kind of man" his new wife married. She even has cut off the phone, deleted the kids' e-mails and took away the cell phones my brother gave the kids so they can call him when they wanted so that my brother can't have access to his kids. He and the kids want my brother to have custody but she has threatened to "turn him in" for some check fraud issues he had about 10 to 15 years ago. He already was on probation for check fraud but she said that they don't know "the whole story."

What is the statue of limitations for that stuff and what can my brother do? He's been on the "straight and narrow" for the last 10 years and is really trying to do the right thing with both families. His boys (with his ex) say they're tired of moving in with their mom's new boyfriends every few months (there have been 8 internet boyfriends she's moved in with in the last year). Please help...

 

[lisa2568]

My brother doesn't have a problem paying the child support... he's just struggling b/c child support leaves him with $200/week for his current family. He's just trying to figure out a more fair child support payment. His ex lives very comfortably (especially since she is constantly being supported by new boyfriends).

 

[Grace_Adler]

His best bet is to talk to a family law attorney and ask them where he needs to file a motion to have jurisdiction changed over to NC. After that's done, he can file to have a modification done to the order. Tell him to look in the yellow pages and call around to get prices for a consult or better yet, go to some offices and explain the situation, they just may talk to him and not charge him if he runs into someone nice enough to do that. Another option would be to get a referral. He can call 1-800-662-7660. If they are able to refer him to someone, he can get a reduced consult fee for no more than $30 or $35.

 

[tigger22472]

I also live in NC but was divorced in Nj. I have tryed to move things to NC, I have custody of my children. Only the county who ordered motion can give up jurisdiction.
Since moving here I 've talked to many prents in the same situation and don't know if it would be less or no, but they do in my area take child support seriously and will come get you and jail you even let you sit there, I have a friend who will now work till the end because he's been in jail a few times and no longer misses payments. Unfortunitly NJ is all politics and could care less.
Good luck;

Where is the other parent? If the NCP remains in the jurisdiction then they don't like nor will many of them give up jurisdiction.

 

[Grace_Adler]

CP relocated to NC a year and 1/2 ago, and NCP resides in NC too.

 

[tigger22472]

CP relocated to NC a year and 1/2 ago.

Were you responding to my post? LOL I"m cornfused! I wasn't actually replying to the OP which makes it ME who made it confusing but to 45Frank about their situation..lol

 

[Grace_Adler]

OMG I can't believe I overlooked that!!! I thought you were talking to the OP.LOL I am so sorry. LMAO *turning bright red* Maybe it's time to hit the hay. LOL

 

[tigger22472]

OMG I can't believe I overlooked that!!! I thought you were talking to the OP.LOL I am so sorry. LMAO *turning bright red* Maybe it's time to hit the hay. LOL

I'll let you off the hook if you catch a few winks for me as well as when you get up do my school work as well as yours.

 

[Grace_Adler]

LOL I really do need to go to bed but I have to read a 200 page book and do a book review on it by Thursday. Don't know how I'm going to pull this one off. Then I have to do some research for 2 other papers and another book review and 3 exams next week and a prospectus due on one of my papers and I haven't even picked a topic yet. God I really do need sleep but I'm probably going to be up half the night if I can even stay awake long enough to comprehend what I'm reading. I might can schedule you in the second week of Nov though. LOL

 

[tigger22472]

LOL I really do need to go to bed but I have to read a 200 page book and do a book review on it by Thursday. Don't know how I'm going to pull this one off. Then I have to do some research for 2 other papers and another book review and 3 exams next week and a prospectus due on one of my papers and I haven't even picked a topic yet. God I really do need sleep but I'm probably going to be up half the night if I can even stay awake long enough to comprehend what I'm reading. I might can schedule you in the second week of Nov though. LOL

I'll trade you. I'm trying to get through my criminology book. I swear this isn't English! I think I only have 3 papers due this week.. but that doesn't count all the other activities and more reading.. the reading is what makes me sleepy.

Well, we better stop... sorry to the OP for hijacking the thread

 

[Grace_Adler]

Yeah, my apologies too.

 

[45Frank]

Were you responding to my post? LOL I"m cornfused! I wasn't actually replying to the OP which makes it ME who made it confusing but to 45Frank about their situation..lol

I really don't know where she lives now, over the summer I was ordered to send the kids to her, BUT they stood with her parents my son said she showed up for 15 minutes the sat. they left. They were there for 4 weeks. We've only talked to her maybe an hour in the last two years.