I am pro se, filing a second child support modification motion in NC Family Courts. I lost my first child support modification motion yesterday. The judge said "Even though the child support calculator shows you should be paying less than you currently pay, I cannot legally lower your child support payment amounts, because there is no proof that there has been a substantial change in you or your ex's financial situation to justify the change since the original child support order was entered in Jan 2011." My Jan 2011 Financial Affidavit shows I was making $0, because I was unemployed. I cashed in 401 K money starting in March 2011 to pay my bills. I have my 2011 Tax Return documents that show I had an income in 2011, for $186,000. One problem I foresee is that I did not file an amended financial affidavit in 2011, after I cashed the 401 K money in, based on the advice of my attorney I was working with at the time. My question is, if I re-file for another child support modification hearing and produce my 2011 Tax Return showing I had income of $186K, and produce pay stubs from 2012 showing that I am going to make about $55K for 2012, will that work. I am not sure, because of 1/2011 financial affidavit shows I had income of $0, which I did. Next, I am having great difficulty with the current family court judge for our case not being fair. What is the process, if any to get another judge appointed? Also, when I file my motion for child support mod next week, can I attach my 2011 Tax Return to the filed copies, so the judge and everyone can see that even though I am filing a motion a few days after losing the prior hearing, I do have proof now and this is not frivilous. Last, what does a person do when they are demanded to pay $1,500 per month, but if I continue to pay that, I don't have enough money to live on. Does it help to produce receipts, leases, etc showing that I can only pay $1,000 or go broke?
1. $0, the order, NOT the affidavit
2. Yes, 1/2011
3. Agreed upon by myself and my ex on the bad advice of my attorney, who was fighting cancer at the time and recused himself later from my case, because of medical reasons at a later time
Thanks, what are my options and what is the process for getting a new trial, if I want to consider continuing pro se?
If I have already been declared indigent by the criminal courts in NC, and have been appointed a public defender for a criminal case, can I possibly get a public defender for family court? I am beyond broke and am upside down financially about $1,200 per month
I apprecate your help. I rated you excellent and tipped 20%. Thanks!
A: I've given this issue some additional thought, and I now believe that the independent action is not the way to go. I believe that the court would dismiss the action due to the one-year limitation found in Civ. Proc. Rule 60(b). I think perhaps the better option is file a motion to set aside under Rule 60(b)(6) and try to show that you suffered from the "undue influence" of your own attorney. Ordinarily, were the influence coming from the other party, you would be barred by the one year limitation. But, because it is your attorney who you would claim unduly influenced you to agree to the support order, because the attorney was ill and he was trying to coerce you to finish the case, that would avoid the one-year limitation, and the court would have to hear your evidence. If successful, then you could get an entirely new support order.
Re the process, I can't draft pleadings in this forum -- the best I can do is provide links to relevant materials that you may be able to find in a university or public law library (click here). A civil practice guide with have sample pleadings to set aside a judgment or order. Alternatively, you can try legal aid, for a free or low-cost lawyer.
If I have already been declared indigent by the criminal courts in NC, and have been appointed a public defender for a criminal case, can I possibly get a public defender for family court? I am beyond broke and am upside down financially about $1,200 per month.
A: The court cannot appoint a lawyer in a civil action, except where the party is legally/mentally incapacitated.
Hope this helps.
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