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Not a Deadbeat, but Unable to Afford Child Support

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  • 01-18-2010, 10:24 AM
    dandee4
    Not a Deadbeat, but Unable to Afford Child Support
    My question involves child supp and alimony in the State of: north carolina
    My alimony and child support are killing me I signed an agreement with not thinking of the monies. I am willing to pay but after these and other things for my 2 children iam left in the negative i am not able to pay all of my own expenses. Iam willing to show any judge my job provides my only source of income. I cant afford court costs and my income is above the poverty level. My question is will any judge look at my case and give me some relief.
  • 01-18-2010, 11:00 AM
    Dogmatique
    Re: Iam Not a Dead Beat Dad
    Quote:

    Quoting dandee4
    View Post
    My question involves child supp and alimony in the State of: north carolina
    My alimony and child support are killing me I signed an agreement with not thinking of the monies. I am willing to pay but after these and other things for my 2 children iam left in the negative i am not able to pay all of my own expenses. Iam willing to show any judge my job provides my only source of income. I cant afford court costs and my income is above the poverty level. My question is will any judge look at my case and give me some relief.

    You need to file in court to request a downwards modification.

    Which county are you in?

    Is your agreement actually court ordered?
  • 01-19-2010, 04:34 PM
    Xena
    Re: Not a Deadbeat, but Unable to Afford Child Support
    Quote:

    Quoting dandee4
    View Post
    My question involves child supp and alimony in the State of: north carolina
    My alimony and child support are killing me I signed an agreement with not thinking of the monies. I am willing to pay but after these and other things for my 2 children iam left in the negative i am not able to pay all of my own expenses. Iam willing to show any judge my job provides my only source of income. I cant afford court costs and my income is above the poverty level. My question is will any judge look at my case and give me some relief.

    I believe you also posted this question about a week or 2 ago on another site. You recieved very good advice there, please take the advice that has already been given.
  • 01-19-2010, 04:52 PM
    cissycicle
    Re: Not a Deadbeat, but Unable to Afford Child Support
    Quote:

    Quoting Xena
    View Post
    I believe you also posted this question about a week or 2 ago on another site. You recieved very good advice there, please take the advice that has already been given.

    I believe it's called seeking a second opinion.
  • 01-22-2010, 04:14 PM
    iv2angels
    Re: Not a Deadbeat, but Unable to Afford Child Support
    Check your divorce decree. Generally, even if you signed an agreement, the amount can be changed if it is leaving you in a hardship. You'll more than likely have to file a motion and the courts will want to see all financial documents (i.e. pay stubs, bills, tax documents). From there, they will make the decision of what is to come of your motion. Keep in mind this can backfire on you. The judge may not agree that you are falling in arears, but that you can afford to pay a higher amount.
  • 01-22-2010, 04:52 PM
    Dogmatique
    Re: Not a Deadbeat, but Unable to Afford Child Support
    Quote:

    Quoting iv2angels
    View Post
    Check your divorce decree. Generally, even if you signed an agreement, the amount can be changed if it is leaving you in a hardship. You'll more than likely have to file a motion and the courts will want to see all financial documents (i.e. pay stubs, bills, tax documents). From there, they will make the decision of what is to come of your motion. Keep in mind this can backfire on you. The judge may not agree that you are falling in arears, but that you can afford to pay a higher amount.


    That's not always true.

    In many cases certainly alimony and spousal support are, once ordered, NON-modifiable.

    Plus in virtually every state an appeal must be made within a very short time period, and after that, courts will usually not entertain a request for modification until at least a year after the initial order is made.

    OP's problem is that he agreed to a stipulated amount - I'd guess the court will be unlikely to change that amount unless there's a change of circumstance.
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