Legal Question in Family Law in North Carolina

A child support order of 376.00 was put into place based off of a supposed base salary. He also pays 500.00 for another child from a different relationship. This order was based on one pay stub and only his supposed base salary. Also, In an argument he told me he had his boss alter his pay stub so I wouldn't get much. I've also learned that he grossed 160k last year. In NC a modification can usually be made every 3 years. In light of this new information would it be possible for me to try and get one now?

Asked on 8/25/13, 2:49 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If there is fraud (basically lying) about his actual monthly, income you should be able to have a Motion to Modify Child Support filed now. You will however, have to prove it. Proving the fraud depends on how smart the father is. Sometimes the proof is easily obtainable because they are down right stupid and sloppy about their lies and sometimes they are slick enough to successfully hide their income so that they have a mere $50 per month child support obligation. If the father is smart, you will most likely have to retain the services of an attorney experienced in child support and also possibly the services of a private investigator. If he is not too bright, often a child support enforcement caseworker can bust him. If the fraud is proven, he may be facing some criminal charges. If he is convicted, this could ironically work out to be a bad thing for you because then he is very likely to really have no income - it a whacky system!

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Answered on 8/25/13, 4:30 pm

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