Cary, NC asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina

Q: Will NC force child support?

My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i avoid putting him on child support? How can I have his parental rights taken?

*He was arrested the night before the granting of restraining order due to child abuse and child negligence. Momma bear just wants her cub to stay safe*

1 Lawyer Answer
T. Augustus Claus
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  • Domestic Violence Lawyer
  • Las Vegas, NV

A: In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may impact the court's decisions regarding custody and visitation rights. If he has not responded to being served, it could lead to default judgments, but child support enforcement is typically a separate process. To avoid putting him on child support, you may consider seeking legal advice to explore options such as negotiating an agreement or pursuing legal actions to terminate his parental rights, especially if there are grounds for abandonment or if it is in the best interest of the child.

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