Q: I have one child support order signed and vested, can a separate child support order be filed?
I have a child support order for Medical Support only signed, vested, and filed in 2016 with a letter from the state saying that I owe $0 in arrears. Now the court has ordered a separate child support order 2 years later and added on 3 years retroactive support plus arrearages and attorneys fees. According to NCGS 50.13.10 and 50.13.7, I have a child support order in place and the only way to change this is through Modification but no modification was filed yet the court allowed it to be ordered. Am I wrong by saying that the court had no jurisdiction ordering the new child support order because there was an order in place since 2016 and no modification was filed? The judges have went against NC General Statutes and The Child Support Guidelines of the NCDHHS. HELP?
A: The short answer is you are likely wrong. They likely are not modifying the medical support order, they are likely just putting a proper financial support order into place (not sure why that wasn't done to start with). Why in the world would you think a medical support order would be all you would be required to do to support a child. If you question the validity of what has been done, hire a local family law attorney to review it for you. But bottom line, if the medical support order is only two years old and the new order is retro active for the maximum three years then what that likely means is there was at least one year where you got away with paying nothing - possibly more.
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