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North Carolina Child Support Questions & Answers
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

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?

Adam Bull
Adam Bull answered on Jan 23, 2020

The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child. She... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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1 Answer | Asked in Child Support for North Carolina on
Q: I’m going to court for a civil case for child support if I bring money for payment would the judge honor it

it’s the first court appearance would the chances of me getting locked up slim to none

Whitney Young
Whitney Young answered on Jan 14, 2020

It sounds like the child support agency is seeking contempt of court against you for failure to pay. If you bring the full amount owed to court, the judge will likely not hold you in contempt, which means you would not go to jail. Most judges will honor partial payment as well, especially where I... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: Can a court order be issued for child support if mother is not US citizen and lives abroad with a US citizen child?

I am not US citizen and I am planning to reside out of US with a child who is US citizen by birth. My husband , who I am separated from , is US citizen too. He agreed that child lives with me abroad. My question is about child support, if I am not US citizen and live out of US, is my husband... Read more »

Melissa Averett
Melissa Averett answered on Dec 29, 2019

Yes, but the proceedings need to be filed where he lives so it can be enforceable against him in his jurisdiction.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My ex did not agree to the amount worksheet done by the CSE.

He hired an attorney and they came up with a much lower figure. I declined that offer and have a court date set for Feb. I have no idea what happens next. I believe he is not reporting income from a family business. Will this be addressed and can someone educate me on what happens in Child... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 13, 2019

If it goes to Court to make a decision, Child Support is not an 'offer' that you can simply decline. If you and your spouse can not come to an agreement, you will likely be held to the amount set forth in the guidelines. If it comes to that, the only things at issue are whether all income is... Read more »

1 Answer | Asked in Criminal Law and Child Support for North Carolina on
Q: I am the victim of a on going dv case and I do not want to pursue it .

what can I say or do to help him when I am at court, can I say that I do not want to testify against him on grounds that I want to get back to together with him and do not want to compromise and happy home or do I pled the 5th . Also we have kids together he pays child support for child care is... Read more »

Adam Bull
Adam Bull answered on Dec 12, 2019

You need to be very careful and consider why, after what presum8is a short period of time, you are changing your position from seeking court protection from him because of your statements under oath of your fear of him, to expressing the exact opposite. You were either fabricating your statements... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If my daughter who is my wife stepdaughter who enter college before we separated. Now me and my wife have a 10yrs

Together. She is seeking child support for the 10yrs ago. Can i carry my daughter as a dependent why im asking is because i retired from my job. And retirement is $160 000 less then what i was making. Carry my daughter would help reduce her child support money received. Right now we have joint... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 26, 2019

Your question doesn't really make much sense, if your daughter is your wife's step daughter she would have no claim to child support at all let alone from 10 years ago nor should she have any sort of custody. You daughter will be a dependent until she reaches the age of 18 and possibly a bit... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Is my wife responsible for helping pay my daughter college tuition. Me and my wife separate and she is receiving post

Separation and alimony now. The child was 12yrs old when i marry my wife and i had custody of my daughter. And will i receive child credit for her in child support hearing because we also have a 6yrs during the marry and she is seeking support for the child we have together.

Adam Bull
Adam Bull answered on Nov 25, 2019

No and no. As your older daughter is not your wife's, she has no responsibility for her financial care. Second, child support ends when children turn 18 and graduate high school.

Because she is over 18 you do not ot get an offset for any of her expenses in college.

You each have an...
Read more »

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1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Support for North Carolina on
Q: Bench warrants, how can I find out if I have and can I get rid of without going to jail?

My ex inlaw told me I have 2 for failure to pay child support. How can I find out for sure & can I get rid of them without going to jail?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 16, 2019

Hire an attorney.

1 Answer | Asked in Child Support for North Carolina on
Q: can they force wife to file for child support to keep Medicaid?

We are in NC. My wife and I have been separated and we have one child together. We didn’t want to go through court for child support and custody we have our on agreement. The people at the Medicaid office are telling my wife that she has to file for child support or our child losing Medicaid

Adam Bull
Adam Bull answered on Nov 14, 2019

Yes. As a parent you are primarily responsible for the needs of your child(ren) not the state or the taxpayers. If she is receiving financial assistance, from the state, the state can collect that money back from you.

1 Answer | Asked in Child Support for North Carolina on
Q: Why does CS hold my Children's Payments, one day the payments be on time, then the next they want get anything for weeks

CS holds the payments all the time, and I'm a single mom raising 3 children. The father of my 2 oldest is $13,199 in the rears of Child support payments, and he also hasn't filed taxes in like 3 or 4 years.

Melissa Averett
Melissa Averett answered on Nov 12, 2019

what do you mean by holding the payments? Are you saying that the father is paying on time and child support is not sending it to you? Child support of course can't send you money if he's not paying it to them.

1 Answer | Asked in Child Support for North Carolina on
Q: Parent is on LOA from work, not paying c. support wo any documented medical reason, Can I file a MSC?

Case is with CSA, but they refuse to file a MSC until she goes back to work and refuses to pay c. support. Parent had minor hip surgery back in Apr 2019. She is healed, no complications and 8 months later still refuses to go back to work. CSA filed a motion to reduce, but Parent did not provide... Read more »

Adam Bull
Adam Bull answered on Nov 7, 2019

Sounds like CSEA is the problem. if she has stopped paying and there is no court order suspending her payments then she is in violation and there should be a show cause issued. you can hire a private attorney to pursue this. If you are the recipient CSEA cannot file a motion to reduce child... Read more »

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: When child support is filled how don't the other parent know

How do I now when child support was filed

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 6, 2019

You will be served.

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1 Answer | Asked in Child Support for North Carolina on
Q: My ex went to child support court and I wasnt in form.but gave her a judgment
Adam Bull
Adam Bull answered on Nov 4, 2019

If you were not present the court can only enter a judgment based on her information. You have a responsibility to attend to your legal matters in the same fashion you attend your other important business matters.

You can only change child support based upon a substantial change of...
Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I had. Child Support Court yesterday, 10/28/2019. It was my second court date. The first court date I managed to get it.

I managed to get it continued, but was supposed to pay $200 that day. Which because I’m out of work was told by a friend prior he could loan it to me. Well that never happened being something came up with him. I’ve never been in arrears, has been paid on time for 12 years. I worked for my... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 29, 2019

You should pay your child support obligation. You indicated in your question that you had money to pay other bills. Well guess what - that money should have went to child support as that is your most important bill.

2 Answers | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, do you have to be "legally separated" or can one person just move out and then file for Divorce a year later?

Basically, I want to know what is the process for divorce in NC.

We have one child together and she has one from a previous relationship.

We've been married about a year and a half.

What are the child support/custody rules and regulations?

I am completely at a... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 21, 2019

There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is to resolve all the... Read more »

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