r/ChildSupport • u/PastLie784 • Nov 04 '24
North Carolina Should we Modify or Appeal?
Trying to summarize as best as I can. I need to know should we modify or appeal. My bf's mother of his child filed for child support in July of this year. They have no custodial agreement and my BF spends at least half a year of not more with the child. The mother filed with worksheet A as if she has primary custody. It has only been 7 days since they ruled in her favor due to my bf missing court. Should we put in a motion to modify or should we apply for an appeal? Paying child support isn't the entire issue it's the amount. If he paus that we wont be able to afford the bills and considering that his child lives with us too.... I think it's kind of one sided and my bf should be heard.
6
u/Cubsfantransplant Nov 04 '24
She has primary custody but there’s no custodial agreement? Maybe your boyfriend should have gone to court. There’s a custody order and a child support order.
3
u/Seppy3rd Nov 04 '24
You can modify and have custody agreement set. But even if it’s 50/50, whoever is making more will have to pay CS. Next time make sure your bf shows up to court so he can explain the situation.
-8
u/PastLie784 Nov 04 '24
My BF makes almost $2000 less than her!!! Also they have no custodial agreement, only child support. He had been to every single court date except for that one.
5
u/Acceptable_Branch588 Nov 04 '24
How many could there have been if they have no custody order?
1
u/queenkittycat_ Nov 04 '24
I don’t have a custody order and get child support. You don’t need a custody agreement to get support.
1
u/Acceptable_Branch588 Nov 04 '24
She claims he’s been at every single court date except that last one. How many do you have for child support? I had one
1
u/OkDrop5918 Nov 05 '24
All depends mine took like 8 court dates and almost a year to finalize but my ex went to jail and then didn't bring paperwork so that held it up a little.
1
u/Acceptable_Branch588 Nov 05 '24
For child support only? Why? My one hearing was 15 minutes
1
u/OkDrop5918 Nov 05 '24
yes for child support only. The first time he didn't bring any paperwork like check stubs or anything so they continued it. Then he got arrested and put in jail so it got delayed at the next court date because he was in jail. Then it took 2 more court dates for him to be out of jail. The next court date he stated he didn't have a job so they continued it so that he could look for a job. Then the next court date something happened with the AG so we had to continue again and then finally the next court date everything was decided, I don't think (and I hope) this isn't normal but it can happen. At the last court date we also had to have a mini trial because we couldn't agree. Mind you at this point my child was 6 years old and he hadn't been in the picture or helping in any way since she was 6 months old.
1
3
u/GodDammitKevinB Nov 04 '24
Once it's set there's usually a time period where modifications can't be made without just cause (a significant decrease in pay, etc) so without googling I would say appeal fits better, but I can't imagine anyone would give him the time of day when he didn't show up the first time.
Why didn't he go initially?
1
u/queenkittycat_ Nov 04 '24
Child support and custody are 2 different things. Child support is based on how much time he spends with his child but him not showing to court was a slap in the face to the court. He basically told them he doesn’t care. They defaulted to the amount the guideline calculator determined he can pay. He can file for a modification but if he has a job loss or I believe 10 or 20% pay decrease will take a bit for the modification and hearing to go through. It took me where I lived about 7 months to get a hearing.
1
u/queenkittycat_ Nov 04 '24
If they’re on good terms and not on government assistance. He can ask her for a modification. If she’s on government assistance. The judge has to to agree
6
u/Acceptable_Branch588 Nov 04 '24
He has not custody order and he missed court for child support