Get free answers to your Child Support legal questions from lawyers in your area.
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More 
answered on Mar 11, 2025
Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More
I am in the middle of a custody battle and feel that I did not get a fair trial.
I have been receiving deductions from my paycheck every two weeks since October to pay for back due child support. Despite this, the Child Support Enforcement sent me a letter requesting the first two pages of my tax return and my ID so my tax refund can be released. There weren't any issues... View More
answered on Mar 10, 2025
Both federal and state law include mechanisms for enforcing child support by tax intercept for collection of past due child support. The North Carolina Supreme Court has determined that if an obligor is currently paying the monthly amount required by the child support order and is current with a... View More
I have an upcoming court date in North Carolina regarding the guardianship case for my 20-year-old autistic son to determine his incompetency. We ensured that North Carolina had jurisdiction, as confirmed by the judge and my son’s guardian ad litem here. However, a New York judge, referencing a... View More
I want to file for sole custody of my 10-year-old child. Her father is on her birth certificate because the court added him when I sought social services assistance. He has been in jail for 5 years and has never been involved in her life. His family has never met her, and I receive no child... View More
I want to know if the mother of my child, who does not have any income and is not working, can claim our unborn child on her taxes. I am currently paying for all her bills and all expenses related to the baby. We are together but not married or living together. The baby will be born in June, and we... View More
I have a court order from Maine for child support and custody with my ex, who has not paid child support for at least four months. He frequently changes employers to avoid wage garnishment, and Maine consistently has to track him down. I recently discovered that he has started a business that he... View More
I am the custodial parent and my son's father, who has not paid child support for nearly a year, is now seeking to terminate the child support order due to his diagnosis of Alzheimer's disease. He did not attend previous court hearings related to nonpayment, but he is now requesting a... View More
I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test... View More
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answered on Feb 19, 2025
In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.
Your case presents several complex factors that could affect the... View More
Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me
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answered on Jun 18, 2024
It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.
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answered on Jun 18, 2024
I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.
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... View More
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answered on Jan 3, 2024
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... View More
Can i just take my child off Medicaid ? Or are there other options
answered on Jun 13, 2023
In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More
I moved back to my country 3 months after getting married due to immigration reasosns. My ex filed a peition for me to come back as his spouse but by that time he was already in another relationship. I currently work but also support our child and have been for the past 10 years. He only helped the... View More
answered on Apr 3, 2023
In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where... View More
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... View More
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... View More
My spouse and I have been separated for 2 years, can I get a court order for child support for our 4 year old child without applying for a divorce?
answered on Sep 12, 2022
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
Long story short: He sexually abused my daughter, threatened to kill me over a misunderstanding, has been convicted (juvenile), is on probation in a sex-offender treatment facility for the last year and a half, and will turn 18 March 24th of this year. He already told me he will most likely... View More
answered on Jan 20, 2022
If you think he will harm your daughter again if he returns, you CANNOT let him back in the home. You may need to contact Child Protective Services, and let them know the situation. Perhaps they can find a foster home for him. Financially, you and his father are still responsible for him. CPS may... View More
I Don't know what I can say
answered on Nov 17, 2021
If you are speaking to your counsel, be truthful. If you are asking a question in this forum, be as succinct as possible and detailed, but do not divulge personal identifiers
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