Clayton, NC asked in Divorce, Family Law, Child Custody and Child Support for North Carolina

Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

1 Lawyer Answer
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
  • Divorce Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

A: I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have him held in contempt or to modify the existing child support order are going to be handled on its own independent track. Likewise, any issue related to custody (contempt or modification) are going to be handled on its own independent track.

Child support payments should be owed in a consistent manner - the amount owed per month should be the same regardless of whether he had any visitation scheduled during that particular month.

David Allan King agrees with this answer

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