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Judge Orders Custodial Parent to Get Another Job

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  • 01-18-2009, 05:41 AM
    kcgr132
    Judge Orders Custodial Parent to Get Another Job
    My question involves a child custody case from the State of: NC

    A NC judge (residing state of the non custodial parent) in a child support hearing ordered the custodial parent (from PA, single mother of 3- 2 kids to this particular non custodial) to apply to 45 employers seeking to hire for full time positions. She already runs her own business, but in its first year did not make more than minimum wage. In order to full fill this, she will have to abandon her business and also put her 3 children in day care. For backpay of support, the non custodial asked for mothers receipts and proof of spendings on kids for over 1 year ago. The NC state attorney says that he does not advise to appeal this, and the NC case agent will not return our calls and has gone as far to call the PA agency to scold them for giving out her direct phone line. What is going on here? Is this normal? What should we do- she doesn't have enough money for another lawyer, and up until this point the non custodial hasn't even kept up with a 50$/month support payment. The hearing did order him to pay 420$/month, but the judge even went as far to say that the custodial parent would have to come back to NC for the next hearing in four months (she went above and beyond by showing up this time, in which she wasnt required to do but PA agency claimed was a good idea). Finally got ahold of the NC state attorney and now he is saying that all she needs to do is fill out a financial affidavit and that she doesnt need to return to NC- but that isnt what the judge said. What do we do?
  • 01-19-2009, 08:49 PM
    Mr. Knowitall
    Re: Judge Orders Custodial Parent to Get Another Job
    You chose not to give us any background to the judge's decision. I would estimate that the judge believes the mother lied to him on a prior occasion.

    Litigation is occurring in North Carolina, so it seems reasonable that the North Carolina court granted mom permission to move with the children at some point in time, perhaps because she claimed to have great employment prospects in the other state. Then she decided to be "self-employed", even though she apparently doesn't have a viable business model, and dad moved for change of custody and/or modification of support based upon the fact that she's barely contributing to the support of the kids and has much greater earning capacity than she's achieving through "self-employment". Am I about right, so far?

    So now the judge has heard mom claim, "I'm doing the best I can, and I can only make $10,000 or so per year," and has responded, "Then get a real job." The reason he said "apply to 45 employers" is because he thinks she'll lie to him, or make a half-hearted effort, if he doesn't mandate that she make a broad job search.

    There's a possibiity that the judge hasn't issued a final ruling on some of the issues before it (e.g., modification of custody?) and wants mom back in court in four months so that he can enter those orders (e.g., if it's a pending issue, give dad custody) if she hasn't followed through and obtained a job.

    But you're making us guess. She should talk to a lawyer in North Carolina (where the case is being heard), and discuss the details and history of her case with the lawyer.
  • 01-20-2009, 06:34 AM
    kcgr132
    Re: Judge Orders Custodial Parent to Get Another Job
    Thanks for your reply, but actually there has or is not anything unsettled with the custody- there really is not background here, besides that at one point the father did not want anything to do with the children, and is the one who came to court lying that he had not had a job when in fact he has. The mother has also not moved, nor requested to. The mother was the bread winner during the marriage, supporting the family financialy and the father stayed at home. When the mother decided that she wanted to start a business of her own, the father tried to get a job, and was never able to sustain one without getting fired etc. Getting another fulltime job for her would mean traveling up to or beyond 2 hours per day and forcing her to put her kids in day care- something both her and her ex are against. Raising three kids without support is a full-time job in its self - the entire earned paycheck would end up in the wash! This is crazy that she would have to spend another dime on a lawyer to get her ex to be man. No one- NO ONE can tell the single mother to change her career or put her kids in daycare- if she choses to raise her kids instead of a stranger, then hats off to her, right?
  • 01-20-2009, 06:40 AM
    kcgr132
    Re: Judge Orders Custodial Parent to Get Another Job
    Also- custody and support are two completely different orders. The custody happens where the custodial parent resides (PA) and the child support where the non custodial lives (NC)- so that shouldn't have anything to do with his decision. The NC judge can only rule on support. Meanwhile there is an open contempt of court case in PA agianst the father- whom harrasses her, won't supply his address, and on a recent visitaion he had a 14 year old boy supervising the 3 children (all under 10) in a city park! Meanwhile he is sleeping at home! Hopefully that is some more background on this. So, really- what can this judge do if she doesn't get another job- lower the child support? He can't rule on custody.
  • 01-20-2009, 04:41 PM
    jk
    Re: Judge Orders Custodial Parent to Get Another Job
    Quote:

    =kcgr132;279538]Also- custody and support are two completely different orders. The custody happens where the custodial parent resides (PA) and the child support where the non custodial lives (NC)- so that shouldn't have anything to do with his decision.
    the court that has control over both situations is the state where, as a resident, one of the parties files for either child support or custody. Typically they are the same state but do not have to be.

    Where did both of the parents live when they were together? Who filed for custody? In what state? Who filed for CS? In what state?
    Quote:


    and on a recent visitaion he had a 14 year old boy supervising the 3 children (all under 10) in a city park!
    why does this seem wrong to you? Many states do not establish an age where not only can a child watch another child but at what age a child can take care of themselves.

    Quote:

    So, really- what can this judge do if she doesn't get another job- lower the child support?
    He can stop the CS altogether. He can toss mom in jail for contempt. He can fine mom for contempt.
  • 01-20-2009, 07:12 PM
    jk
    Re: Judge Orders Custodial Parent to Get Another Job
    Quote:

    =kcgr132;279794]Both lived in PA, then father moved to NC. Both were filed by mother/custodial. Custody filed in PA, child support is handled by NC.
    Where was the original CS order entered. It would have been PA in the circumstance you listed. How did NC end up with any control over the CS?

    Quote:

    Are you kidding me?!? I assume you have no children? Ever hear of child abductions, rape? This is during the father visitations- one of 4 he had this year. Wow.
    I have 2 children. Yes, I have heard of child abductions and rape. I have also met 14 yo children that were quite capable of babysitting. Unless NC has a problem with the age, there is no problem with the age. I have not bothered to look it up as it is truly irrelevent.
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