Battleboro, NC asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina

Q: Jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few years, until we went in to change it, during a time we were "working things out." Well, I thought the order was terminated because we both went in and he was "forgiven" the back child support that was owed. But while reading over the document, it seems like the only difference is that I'm not receiving the money, the state is (for "disbursement"). Is that order technically a custody related case in my county even though it was just for child support? Therefore meaning that we HAVE to hold our current custody suit in that same county? Is it still active (if you had to guess, based of the info given) - the title says "Motion to Suspend Child Support"? Do you think you might know what likely happened?

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

A: Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct terminology for us to know enough about what's actually going on to be able to accurately answer your questions. However, jurisdictional issues are typically something that can be easily remedied by simply having the case moved to the proper jurisdiction. So this is likely not something to be very concerned about. Especially in light of the bigger concerns that go along with a custody case.. You clearly need to sit down with a local family law attorney who can review your specific situation in detail and lay out your options for you. Even if you do not retain the attorney to represent you - having a consultation alone can be very beneficial.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.