Q&A

Frequently Asked Questions

Attorney Gregory Hunt Responds

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Q: What would happen to my child support payments if I quit my good paying job to start my own business?: As a mom with a good paying job, with joint custody, my ex has always been self employed so when we split up my income LOOKED like it was more so I have to pay him child support. As you know, when you are self employed they go by your tax forms to figure your income and with all the deductions, he was barely above poverty level. Anyway, I have worked at the same job for over 22 years and I would like to quit my job and go into business for myself. I am sure my income will take a while to get back to what it was. I know that when you just quit your job the judge will not consider that a reason to lower your child support but would the judge look at this the same as just quitting my job? Also, my son will turn 18 in 3 weeks but he will not graduate high school until June of next year (if that makes any difference). Thank you!

A: Gregory’s answer: I just had a case like this were the other parent voluntarily quit their 6 figure per year job to start their "dream" business; but unfortunately that parent was not earning that same salary following their "dream." The court calculated child support based upon the income that other parent was earning at the job they "voluntarily" left. That said, all cases are different, so I encourage you to contact an experienced child support lawyer in your area.

Good Luck!

Q: In trying to find out if my soon to be x husband was truthful when saying he could be with his children unsupervised?: He lives in Franklin ky and I still live in nc .. but he has my youngest child and seems to be keeping her from me ... I'm confused and need clarity

A: Gregory’s answer: As a general matter, one has a "liberty" interest that is protected by the 14th Amendment of the United States Constitution to parent/have custody of his or her child. So, unless one acts in a manner inconsistent to that "protected liberty" interest, his or her rights will not be disturbed. In your case, you have not indicated that your "soon to be ex husband" has acted contrary to his parenting rights; or that he has been stripped of those rights. You may wish to contact an experienced family law attorney with more details about your case. Best of Luck!

Q: I am wondering if it is even worth filling for UCCJEA Conference?: Here is what happened. ON the 13th of June 2018 I went to the court and filled for Registration. I told my sons dad. He in turn went to the State of Arizona and filled a Petition. The service of the Registration was received on the 6th of July. It will expire on the 27th of July at that point if they have not responded the order is registered. If they do respond then we have to contest. I know that a registration alone is not binding but rather the request to Modify. With this being said. Me and the children in question have lived in the State of North Carolina since 2012 and the Father lives in Arizona. I think that North Carolina has jurisdiction because I am the sole provider and when they are with the father he never enrolls them in school or has pediatric care. Really the only involvement in the State of Arizona is the Father and his side of the family. I need to know what the likelihood of this order being approved is. And if it is even worth my time. I truly believe that although Arizona has jurisdiction because it processed the original order it does not meet the guidelines outlined in regards to the inconvenience forum.

A: Gregory’s answer: Thank you for the question. If I understand you correctly, your order will be registered in NC after the expiration of 20 days if Father doesn't contest. Presumably you also asked the court for it to be registered for modification purposes. Thereafter, it is my understanding the order will need to be confirmed by a court in NC. In the past, I have successfully filed a motion to modify and request for confirmation simultaneously.

Once you file a motion to modify in NC, you should request the court to conference with the Judge in AZ; the two courts will then confer. Because you and the children have lived in NC since 2012, you have a solid argument that AZ should divest jurisdiction so that NC may have exclusive jurisdiction.