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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter and son in law built into their divorce

Customer Question

My daughter and son in law built into their divorce agreement that they have a yearly opportunity to know about any financial changes that might alter a very meager child support and spousal support. Last year when then divorce was finalized her ex-husband had little income. This year he has a good job with substantial income. My daughter spent a good deal on a divorce lawyer and does not have those funds available to use for the renegotiation. What would you advise please?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. In this case, someone in her situation would want to file for modification of child support (either on her own or using counsel). See HERE for the form. She is then to take a copy of the motion and mail it to the other party by certified mail, return receipt requested back to you. She is to fill out the back of the motion form under depositing a copy of in the US Mail. Also fill out the date of service block with the date she is mailing a copy to the other party and sign it as the person who served Motion and Notice. Then she is to write the case file “CVD” number of the from of the certified mail return receipt card. If she receives the return receipt card back before the court date, she need to bring it to court with her. After this, she is to appear in court on the date scheduled if service has been obtained on the other party.

In addition, she can choose to file a contempt motion along with the motion for modification. See HERE for sample instructions and a sample motion. The contempt is based on him failing to follow the decree, for which he may be fined, admonished, or otherwise punished at the court's discretion.

If you would like leads to pro bono attorneys in NC, please reply and let me know.

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