Sanford, NC asked in Child Support, Family Law and Health Care Law for North Carolina

Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some complications and had to go to the hospital for. She is now going to SS to try to get Medicare/Medicaid. They are telling her that she has to take out child support on me. She went to her lawyer and he said that we could a written agreement based on a child support calculator. How binding is this, and if we end up doing this will it suffice with the state?

1 Lawyer Answer
Amanda Bowden Johnson
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  • Jacksonville, NC
  • Licensed in North Carolina

A: You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used to take care of your child and stop spending what you would normally directly spend so you aren't out any additional money. Of course, my favorite way is to simply have her give you the child support money she receives back to you and you just pay the child support with it - so essentially you pay child support with the same money over and over and over again. This of course requires your ex to be cooperative with you.

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