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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103880
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have requested a change in the amount of child support I

Customer Question

I have requested a change in the amount of child support I pay as one of two children has "aged out". 6 years ago my child support in the state of NC. was figured using protentional ability to earn income as I was not holding a job and last worked 2 years prior. I have not held a job sense the judgement for support was ordered in 2005, as my now wife is active duty military, we have had children under the age of 2 most of this time or/and have been stationed oversea in Japan. Our third child turned 2 this past Sept. We are currently assigned overseas in Japan. I had to return to the states NY as her (my wifes house had acured damage). I needed to have my passport renude and was denied and current passport revoked for passed obligations for payment from the state of NC. These passed support moneys I have proven to the state that they were paid previously and that they had made a clearicle error. They have just released my passport this month. The passed year I have NOT li! ved at our house in Japan were we reside. It has taken them 13 months to get THEIR error corrected. I have been living as a single parent with our three children (ages of children are now (7,8 and 2) w/ friends, family for the passed months in the state of NY as her house has been deemed not fit for habitation due to the water damage. My questions are: how will the state of NC figure out my child support moneys as child support social services will not be using there figure sheet according to them? Can the NC Judge use my wife's income in figuring my child support payment? Am I able to sue for monatary damages from state of NC for damages from keeping me and our children form cohabitatiing with their Mother, my wife. The back child support owed turned out to be a error they made back in 2007. I had an payment history conducted in 2009 and on their document they provided me it showed the payment made. I had the case audited in 2010 ! which was completed in 2011 and the payment made in 2007 was not included in that audit, according with their payment history document of 2009. I have sense showed the state my banking records showing payment to them was made back in 2007 (through monthly statement as well as a copy of the cashed check). Am I able to sue for monentary damages from the state of NC and/or the state of RI for damages due to credit reporting from them which lowered my score and have been denied credit. This lowering of my credit score. Due to support owed was also reported by the state of RI as we had resided there in 2009. So, both the state of RI and NC reported support owed in access of 15 thousand dollars each for the same child support case. Thank you Jeffrey 
Submitted: 4 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 4 years ago.
1) The state of NC will calculate support based on your income, not your current spouse's income and if you show a significant change in financial circumstances it would reduce the support payment based on the child support guidelines, which you can find at

2) If you can prove that the failure to properly credit your support was through negligence of one or both states, you can indeed sue them for the amount of time it took to correct the matter and for the improper reporting to the credit bureau if they will not agree to correct the credit reports under the Fair Credit Reporting Act. However, you will need an attorney on this matter and you need to get one soon because you have only 1 year to sue the government and if you miss that statute of limitations you cannot ever sue them again for their negligence.

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