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North Carolina Child Support Questions & Answers
0 Answers | Asked in Family Law and Child Support for North Carolina on
Q: My ex owes me over $21,000 in back support but the casino he works at won’t enforce the garnishment. What do I do?

I’ve had a court ordered support case for many years and child enforcement said they can’t do anything else. I have his job and home location that’s been verified. He also makes over $150,000 so he can easily pay it. I want a court date and a lump sum payment to settle this.

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist

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

Jonathan David Breeden
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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.

1 Answer | Asked in Child Support for North Carolina on
Q: If I terminate child support order for the father will they cut my government assistance off
Jonathan David Breeden
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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.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
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... View More

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: In order for medicaid to get child support wouldn't the father need to be on child's birth certificate?
John Michael Frick
John Michael Frick
answered on Sep 24, 2023

No, any determination of paternity will do.

1 Answer | Asked in Child Support, Family Law and Public Benefits for North Carolina on
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement

Can i just take my child off Medicaid ? Or are there other options

Stephen Edward Robertson
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Stephen Edward Robertson
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

1 Answer | Asked in Child Support and Divorce for North Carolina on
Q: I have been separated for 10 years, I am trying to get divorce but I am unsure what type of divorce I should file for.

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

N'kia (NLN)
N'kia (NLN)
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

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Can my ex-wife file child support against me for a child she had with a man while we were separated? Raleigh, NC

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

N'kia (NLN)
N'kia (NLN)
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

2 Answers | Asked in Bankruptcy, Estate Planning, Child Support and Collections for North Carolina on
Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?

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

Lynn Ellen Coleman
Lynn Ellen Coleman
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

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1 Answer | Asked in Divorce and Child Support for North Carolina on
Q: Can I apply for child support from spouse after getting separated for 2 years, without getting a divorce?

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?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
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.

1 Answer | Asked in Criminal Law, Family Law, Child Support and Juvenile Law for North Carolina on
Q: Can I be forced to continue financially and legally supporting my 18 year old if he's still in high school?

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

Angela L. Haas
Angela L. Haas
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

2 Answers | Asked in Bankruptcy and Child Support for North Carolina on
Q: What can I ask

I Don't know what I can say

Stuart Nachbar
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Stuart Nachbar
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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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My husbands lawyer requested a discovery. Can I request discovery/interrogatories without a lawyer
David Allan King
David Allan King
answered on Oct 10, 2021

Yes, you can send them interrogatories (questions), requests for admission, and requests for production without having a lawyer. Essentially, you are your own lawyer.

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: Can I file motion for discovery on a child custody case?

Father filed for child custody and support. We’ve had 50/50 since. Can I file motion for discovery to see what his plan of attack is going to be? I can’t seem to find the form.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 17, 2021

Yes, you can file discovery requests to seek relevant information to the case. However, there is no "form" for discovery requests, so it is something you will have to generate yourself (or more likely - pay an attorney to generate).

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: My Wife's family all have COVID. She wants to bring our 1 yr old to their home for a full week. Do I have legal options?

My soon to be ex wife is taking my son out of state to her parents home where at least 4 people have COVID. Are there any legal routes I can follow if my soon contracts COVID while there?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Mar 5, 2021

If you don't have an existing custody case, I would consider filing one ASAP. If you have an existing case, you may want to file a Motion for Emergency Custody before she leaves alleging that the child will be exposed to a substantial risk of bodily injury. Some judges may agree that such a... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: If I decide to agree on a child support arrangement with the other parent, will my daughter still receive Medicaid?
Amanda Bowden Johnson
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answered on Jan 28, 2021

If your child is receiving Medicaid, they will typically force child support whether you want it or not and you won't get to 'agree' to an amount, it will be set according to the child support guidelines. So it should not affect the Medicaid eligibility. Best of luck.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for North Carolina on
Q: I'm trying to find pro bono legal support for a friend experiencing an alcoholic/abusive husband. Location: 28117

Mooresville, NC location. Couple has one son together, 13 years old. They own a home in husband's name. She owns her own business. They have 2 dogs and 2 cars.

David Allan King
David Allan King
answered on Jan 21, 2021

I'm not clear what the question is. There are some pro bono programs for domestic abuse victims. They usually focus on restraining orders and the like, rather than property and divorce. They also usually have more cases than they have resources to handle.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: I'm recently dealing with dss my son is going to be getting adopted out will I be able to get him back
Amanda Bowden Johnson
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answered on Jan 13, 2021

The short answer is - no. In order for a child to be adopted, your parental rights would need to be terminated. The best chance of you getting your child back is if this process is not yet complete and you hire an attorney. Best of luck.

1 Answer | Asked in Child Custody, Child Support, Divorce and Military Law for North Carolina on
Q: 100% disabled veteran. Him and wife divorce. They have 1 kid and a house. Is she entitled to his disability if divorce.

He had been getting 100% military disability before they married.

Paul Ylvisaker
Paul Ylvisaker
answered on Jan 4, 2021

No. By federal law is not divisible or an asset of the marriage to be divided. However, the income can be used in calculating child support in most states.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can I go back to court to undo a divorce agreement that I had with my ex husband?

My ex husband and I had a written agreement that he will be claiming our 2 older kids and I’ll be claiming the 2 little ones.that’s was my only option at that time (3 years ago) since I didn’t have and Attorny and couldn’t afford to have one. He only pay court order child support. He... View More

Amanda Bowden Johnson
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answered on Jan 4, 2021

It depends on whether the agreement was properly drafted and executed and whether it was incorporated into your divorce judgment. Typically, you likely will not be able to change it. Even if you could change, it you'd likely need some grounds to do so which based on the facts in your... View More

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