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North Carolina Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: I am the mom. How can I transition from supervised visitation to sole custody of my son? His father is a domestic abuse?

I was pregnant and isolated by my son's father in a town where him and I didn't know anyone except one person. That person was not there to help us take care of our new baby. So, I experienced severe stress and exhaustion due to lack of sleep and barely any help from my son's father... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 20, 2020

Since you indicate you now have an attorney - you need to follow the advice of your attorney. However, the answer to the question you asked is if the father will not agree to giving you sole custody you will have to take it by filing and winning a custody action in the appropriate court. For... Read more »

1 Answer | Asked in Family Law, Child Support, Civil Litigation and Civil Rights for North Carolina on
Q: Can CPS cases be revealed in cases regarding other children?

I am in a custidy battle. I have 2 children, each have a different father. With my youngest son, I tested positive for drugs when I gave birth and a CPS case was automatically opened. Everything was fine with the baby at birth and at home, the home visits went well, I wasn't found to be... Read more »

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Sep 14, 2020

The case can be raised, but I'm not sure how significant it would be if it was closed as you indicate.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both.t He voluntarily agreed to pay child support to me, and that order lasted a few... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Asking the question in a different way isn't going to yield different results. Without seeing the paperwork, our best guess is going to be - who knows. You say the child support was voluntary but then mention Orders and Motions -which indicates you likely are not using the correct... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for North Carolina on
Q: Which court has jurisdiction?

I had a question about jurisdiction that I was hoping you could help me with. Long story short - my son's father filed for custody in one county. I live in another county. Technically, our son has lived in both. However, at one point he was voluntarily agreed to pay child support to me, and... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 13, 2020

Typically jurisdiction is where the child has primarily resided for the last six months. If you had court ordered child support, the order likely would have stated where jurisdiction is and that would likely still be proper assuming the child did not primarily reside anywhere else for more than... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: How do I change the venue of a civil case? I need to move the case from one county to another within North Carolina.
Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 23, 2020

Doing your own legal work when you are not an attorney is the functional equivalent of attempting to rebuild your car's transmission if you are not a mechanic. So your best bet would be to hire an attorney. Essentially, you file, calendar and serve a Motion to Change Venue then appear at the... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: I pay child support through dss but would like to have my child living with me. She is 14 and has been with me since Feb

Her father and i have never had any kind of custody order drawn up. What steps do I need to take?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 13, 2020

The best step would be to consult with a local family law attorney as they would be able to give you the best advice. That said, it appears like you need to file a child custody action in your county and either come to an agreement on custody or have it heard before a judge. I don't practice... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Can I be forced to pay child support in NC for a child that's not mine but my name is on the birth certificate?

My ex told me after we broke up that she was pregnant and that her unborn child was mine and that there was absolutely no one else who could be the child's father. I took her at her word and when the child was born, I signed the birth certificate. We never got back together but I would see the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 5, 2020

The short answer is - yes. If you don't want to be on the hook for child support, you will need to take steps to have paternity determined and to have child support stopped if it has been court ordered. Your best bet is likely to consult with a local family law attorney who can review you... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Divorce for North Carolina on
Q: My ex wife is trying to blackmail me in order to see my kids is that legal
William Jaksa
William Jaksa answered on May 5, 2020

No. You should direct the question to a lawyer that practices family law.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: My wife and I are separated and my middle daughter who is 13 has decided she wants to stay with her mother.

We have a contested separation agreement which defines us as sharing 50% custody. Her older sister who is 16 has also been with my ex-wife since we separated. My ex has pretty lax rules compared to me. I had to get these two and a friend released from Cary Police custody because they were... Read more »

Angela L. Haas
Angela L. Haas answered on May 5, 2020

You'll need to file a lawsuit for custody, if you want to enforce your agreement and/or get more time with them.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: do I have any say?

My ex and I have a son together and she and I agreed that I would pay the power bill at the house she is in in lieu of child support. She is in a house with 10 people now. I only have legal obligation to one person in that house and that’s the minor child. My question is, if I pay the full amount... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 17, 2020

You really should just pay whatever amount of child support you are required to pay under child support guidelines and then you would not have to be concerned with these other petty issues. That would likely be a significant burden you'd no longer have to be concerned with. As to what say... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I have been on ssdi for 1 1/2 years. I am unable to pay child support arrears. How do I make sure the stimulus check

goes to the arrears? Thank you

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 17, 2020

Don't worry they will very likely take care of that for you. Likely all you will need to do is make sure you get the credit for it. Best of luck.

1 Answer | Asked in Family Law, Child Support and Juvenile Law for North Carolina on
Q: Is it illegal for a 15 year old in NC to leave home without parent consent?

By leave home I mean go to a friends house and be back by state curfew.

Melissa Averett
Melissa Averett answered on Apr 10, 2020

It's certainly illegal based on the COVID-19 rules to stay home unless you are an essential worker or going to an essential workplace, such as a grocery store, to conduct business.... Regardless of your age.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am having to pay child support for 2 kids that's not my biological kids there in north Carolina and im in Indiana

I have no way to get to north Carolina to petion the court is there anything I can do online

Adam Bull
Adam Bull answered on Apr 9, 2020

Where in NC? you can hire an attorney in NC in the locale of the case and they can file the motion to suspend or terminate support. You would need documentation that you are not the biological parent and even with that there may be issues that bar you from raising paternity as a defense if you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... Read more »

1 Answer | Asked in Child Support, Family Law and Health Care Law for North Carolina on
Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 3, 2020

You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: The state is taking me to court fot child support not the mother how is this or why and what can i do
Melissa Averett
Melissa Averett answered on Mar 2, 2020

The state is probably taking you to court for child support because the mother is on public assistance. Under federal law, the state has to do that. So basically other than hiring an attorney to make sure the child support amount is not higher than it would be otherwise, there's nothing you... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: I was placed on support two different times and both cases were dropped by her, can she open up another case?

Even know the case was dropped they are trying to add another child to an order that was dropped years ago, and the child has not been proving mine what can I do?

Melissa Averett
Melissa Averett answered on Feb 21, 2020

Ask for a DNA test, assuming you were not married to the child's mother. Yes, child support can be brought up at any time before the child's graduation from high school or age of 18, whichever is later.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I can count on1 hand how many times I see my kid and I pay child support. Mother moved her way to alaska.What can I do

She has moved her from north Carolina to Texas and now way to alaska. I miss my kid and hate I only can see her through a phone screen! Please help me out because I do not know what to do.

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 6, 2020

You need to hire a attorney.

1 Answer | Asked in Child Support for North Carolina on
Q: How do I get my boyfriend off of Child Support?He was filed for it when I began receiving workfirst. I no longer do.
Adam Bull
Adam Bull answered on Feb 2, 2020

First, if you are receiving any form of public assistance, food stamps, wic, HUD, you cannot terminate child support, because the state is entitled to recover those funds from the father so the taxpayers are not responsible for raising your child.

If you are not receiving any benefits,...
Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: I am a non custodial parent and have recently done a paternity test and it was 99.9% that I’m the father, I am getting

SSI. I don’t even make enough to cover my own bills much less pay child support, also have 2 other children and one on the way. So would I still be required to pay child support and how would that work? The number of children must be relevant because the child support calculator asks for number... Read more »

Adam Bull
Adam Bull answered on Jan 25, 2020

So this is your third, or fourth child?? Child support is based upon your income and the mothers income. The child may receive some partial benefit based upon your SSI. But to answer your question, having more children does not reduce your obligation to financially support your children

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