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North Carolina Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Is it better to file for full custody before filing for child support?
Amanda Bowden Johnson
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answered on Dec 22, 2016

Depends on how much money you have - some need to get the child support rolling in first in order to finance the child custody especially if they are the defendant.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: father of my daughter owes over $14k in back child support. he has now filed custody. she lives with me. any advice???

the father never makes child support payments, court just gets continued. Its been over 5 years of going back and forth to court and he still owes almost $15k in BACK support. she lives with me more than 50% of the year and i pay for her insurance/child care/etc. He provides her/me nothing and has... View More

Amanda Bowden Johnson
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answered on Dec 14, 2016

The child lives with you more than 50% of the year. How much more than 50%? Apparently the child stays with him a significant amount of the time or you likely would not have made that statement. If so, your other statement that he provides her nothing is likely false. You also stated the father... View More

1 Answer | Asked in Criminal Law, Family Law and Child Support for North Carolina on
Q: My husbands son who lives with his mother full time was charged with m-sexually battery

The 16 year old dropped out of school as well does his father still have to pay child support??

Amanda Bowden Johnson
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answered on Nov 17, 2016

Of course.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am currently pregnant and unemployed

The father doesn't want to be responsible and my parents have paid for every appointment and for what the baby will need once she's born. When I file child support can I get the father to pay my parents back?

Amanda Bowden Johnson
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answered on Nov 11, 2016

The short answer is no, there is no 'legal system' way to get him to repay.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: We're divorcing been together for 13 years married 5 with 3 boys I'm a stay @home mom he wants to leave me broke help!!!

He said he will make it to wear he won't have to pay me hardly nothing. He will have his boss write out he makes 9 a hour so he won't have to pay me anything and it's driving me nuts he wanted a woman who would be at home with the children so that's what I've did and now... View More

Amanda Bowden Johnson
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answered on Nov 1, 2016

You need to consult with a local family law attorney ASAP a few good punches in his wallet and he should come around to being fair with you. Oh, and BTW even if he does get his boss to commit fraud regarding his pay, he can't erase his past income records from taxes and the bank and what you... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Is gross income based on most recent tax return?

In our divorce/custody agreement from 2002 my ex-husband and I agreed to pay no more than a 60/40 percent split on our daughters college education which is to be based on our gross incomes. Does the determination of our gross incomes come from our most recent tax returns?

Amanda Bowden Johnson
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answered on Oct 4, 2016

To contractually obligate yourself to pay for college was an incredibly bad idea. To further not specify in the agreement how the obligation would be calculated / paid was an even worse idea. If your agreement is silent on the issue on how to calculate 'gross income' you'll just... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: How many times can my ex husband file a motion on me to stop child support I just went to court he didn't show up and th
Amanda Bowden Johnson
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answered on Sep 20, 2016

He can file as much as he wants until the child ages out and there is no reason to file. Of course, whether he will be successful or even be heard is a different story.

1 Answer | Asked in Divorce and Child Support for North Carolina on
Q: Can you claim interest on past due payments for court ordered medical expenses? How long before you should file contempt

My ex is paying the child support portion via employer withdrawal, but has stopped paying his portion of the medical expenses and is not responding to communication attempts.

Amanda Bowden Johnson
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answered on Sep 1, 2016

In order to seek contempt, your ex needs to have been Court ordered to pay some portion of medical expenses and failed to do that timely. One remedy is to file a motion to show cause and you can do that after anytime after the failure to pay but it is generally considered best to wait a reasonable... View More

1 Answer | Asked in Child Support for North Carolina on
Q: If you get served for being behind on child support can you hire a lawyer and get it continued
Melissa Averett
Melissa Averett
answered on Aug 12, 2016

Probably, but it would depend on when the court date is, what you were served with, how many times its been continued before, and the policies of the county where the action is pending regarding continuances. You need to speak with an attorney in the county where the action is pending and share the... View More

1 Answer | Asked in Child Support for North Carolina on
Q: I need to file a modification of custody and Contempt of a court order, how do I obtain the correct paper work to file.

I don't have the money to hire a lawyer I have already been to court and have a custody order in place but since the custody order I have changed jobs I have joint custody but only get my kids every weekend except for one and every other week in the summer I want to be able to have more time... View More

Melissa Averett
Melissa Averett
answered on Mar 21, 2016

Here is the form to file a motion to modify custody: http://www.nccourts.org/Forms/Documents/293.pdf

There are no forms for contempt. You have to create that paperwork yourself. Representing yourself in a custody case means that you need to educate yourself regarding what paperwork needs to...
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1 Answer | Asked in Child Support for North Carolina on
Q: Do any legal practices offer services for a flat rate or just offer guidance on existing child support orders.

Need an Attorney to enforce child support, file correct paperwork. Non custodial parent is 10 years in delinquent . Recently won a large settlement, for a personal injury claim yet it was not held. Judgment for divorce is from Supreme court. allowing me to at any time to collect past support,... View More

Melissa Averett
Melissa Averett
answered on Mar 21, 2016

Yes, some attorneys offer flat fees, and some attorney's offer litigation assistance, meaning the attorney will meet with you to answer questions and review your paperwork, but does not come to court with you or negotiate for you. However, many do not, so you just need to start emailing and... View More

2 Answers | Asked in Child Support for North Carolina on
Q: What can I do to enforce a Child Support Court Order to the non-custodial parent who has not paid this year?
Melissa Averett
Melissa Averett
answered on Aug 7, 2015

Court orders are enforced by filing a motion for contempt of court in the jurisdiction

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1 Answer | Asked in Child Support for North Carolina on
Q: My son turns 18 in November of this year he plans to go to college after high school. Can he continue to get his support

Does his support end in the middle of his Senior year

Melissa Averett
Melissa Averett
answered on Jul 20, 2015

Assuming you are getting child support based on a court order, and not based on a separation agreement, and assuming your child is not disabled and incapable of self support, then child support terminates when he turns 18 OR graduates from high school, whichever is later. But if you are getting... View More

1 Answer | Asked in Child Support for North Carolina on
Q: I have a back child support arrears question.

My husband is paying back child support arrears for his son that was 25 years old. He son passed away unexpectedly in February of this year. Is he still required to pay the arrears?? Is this something that can be taken before a judge and be dropped? His son's mother had told us in writing that... View More

Melissa Averett
Melissa Averett
answered on Jul 17, 2015

The money is owed to mom. The son's death should have no effect on the arrearage. If she files a motion with the court asking that the arrearage be deemed forgiven, great, but that is her choice.

1 Answer | Asked in Child Support for North Carolina on
Q: Can i transfer a child support case from one county to the county I live in now.
Melissa Averett
Melissa Averett
answered on Jul 17, 2015

You can file a motion to change venue to move the case, but I advise my clients that if the payor is in NC, you want the case in the county where the person paying support lives. The court is much more likely to put the paying parent in jail for non-payment if the deadbeat lives in that same... View More

1 Answer | Asked in Child Support for North Carolina on
Q: I live in NC with my 12yo, father lives in FL, which state do i file for chid support?

It us very difficult and thus child fathers doesn't offer any financial support for her. Whenever she gets any money she has to beg him for it and how she gets it

Rachel Lea Hunter
Rachel Lea Hunter
answered on Jul 12, 2014

Child support is based on where the child lives. If there has been no support order entered and the child has lived in NC for 6 months or more, then NC. Under the uniform support act (all states have a version of it), you file for support here and NC child support contacts FL to get the support... View More

1 Answer | Asked in Child Support for North Carolina on
Q: My ex was required in our divorce decree to provide our childs health ins. he is now on disability will he stil pay?
Amanda Bowden Johnson
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answered on May 10, 2014

How are we to know what your ex will or will not do? Presumably since you know him best - you are in a much better position to predict what he might do. In any event, since it appears he hasn't stopped paying yet - there's really nothing to worry about until there is something to worry... View More

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