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North Carolina Child Support Questions & Answers
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... Read 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
Amanda Bowden Johnson 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
Amanda Bowden Johnson 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... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson 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... Read more »

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Family Law for North Carolina on
Q: Paternity established in virginia, child lives in maryland, 17, He may not be my biological child. Maryland? or Virgina

My child works full time, is currently 17 years old, and I've been paying support for him his whole life. His mother and I separated when he was 2. We have a great relationship and will continue to but as he gets older he looks just like my former best friend. I will continue to be apart of... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 27, 2020

The only legitimate reason to do at DNA test now at this incredibly late date would be simply to know the truth. If the child is 17 and you plan to be a part of the child's life regardless of the result, then logically speaking, doing a DNA test now is likely a bad idea and just a waste of... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: If you’re behind on child support payments, can the custodial parent take away my visitation?

My hours have been reduced due to covid and I am struggling to pay the full amount of child support. I’ve communicated this and have been paying what I can monthly as well as continuing to pay medical insurance for him.

Technically, I am behind in the monthly amount, and need to have my... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Dec 1, 2020

Non-payment of child support is not grounds to withhold visitation. However, if she is seeking a protective order and has legitimate grounds to do so then that would potentially be grounds to withhold visitation but she would have to have a legitimate and reasonable fear for the safety of herself... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can the custodial parent take away visitation if you’re behind on child support?

Income decreased due to covid. Still paying monthly but struggling to pay the full amount. Need my income legally re evaluated. But she won’t let me see my child.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Dec 1, 2020

No, visitation and the payment of child support are completely independent of one another. Failure to pay support is not a valid reason to withhold visitation. If visitation is being denied, you may have to file a motion for contempt for her violation of the custody order.

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1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Basically want to know if this is worth going to court for ?

I’m a step father of two wonderful boys , I don’t get into my wife child support issues , she’s had a few but Ive always stayed out of it . I do know she get 1k a month in support and he pays for the children health insurance here in NC. He claims one and she claims the other and both live... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 30, 2020

You as a step-father essentially have no standing or say regarding whether to go to court. All you can really do is express your opinion to your spouse about what decision she should make. That said, the amount of child support owed is calculated on simple child support guidelines based on your... Read more »

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: Can my income be added to my husbands income for his ex wife to get more money in monthly child support?

I also have a child from a previous marriage that I care for and we have a new baby together. (3 kids total) He has been consistently paying $600 a month for 5 years. His ex wife now wants to increase the amount because he is remarried to me and wants my income taken into consideration to increase... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 11, 2020

What the ex wants and what she will get are two different things. Your income does not factor into the calculations for his child support and your income is not a basis for modification (if everything else has remained the same). However, your new baby together may possible lower his obligation... Read more »

2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Are notarized documents typed up & signed by both parties legally binding or do they hold any weight in court?

Examples being custody arrangements for kids, money given towards supporting the children.

*Both parties agreed upon support amount, and child arrangements, we just agreed we want something in writing just to protect myself/spouses self*

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 6, 2020

They hold little (or no) weight when it comes to child custody as the court needs to independently determine what custodial schedule is in the child's best interests. However, to the extent that the parties ended up FOLLOWING the agreed upon schedule, the court can use this information and... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Need help with child support agreement and visitation She won’t work with me on making visitation happen

And has broken agreements multiple times

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Nov 3, 2020

If she is breaking agreements then you likely need a court order. Violate a court order and the punishment aspect can be a lot more severe. As to child support, that is a simple guideline formula based on incomes and it is difficult to deviate from what the guidelines say. Your best bet is to... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Do I need a lawyer present for a calendar court session
Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Nov 3, 2020

I'm a little hesitant to answer this question as I'm not certain what you mean you say "calendar court," and because each county does things a little differently. That said, what I think you are referring to is simply the date where the parties come before the court and pick... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for North Carolina on
Q: Ex is behind in child support and take our child 6 weeks out of the year. Can those months be added as money owed me?

Ex is behind $14,000 per our divorce decree and never took any of his visitation.

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Oct 28, 2020

I'm not sure I quite understand the question, but will point out that child support and the rights of the non-custodial parent to see the child aren't connected. They are handled on completely different paths.

To the extent he isn't paying, any efforts on your part to have...
Read more »

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: Are holiday or vacation overnights counted in addition to the basic custody schedule when figuring child support?

I’m trying to determine if Worksheet A or B should be used to determine the amount of child support I pay. Based solely on the weekly custody schedule in my consent order, my sons spend 120 overnights with me/year. But if you factor in holidays and vacation time also defined in the consent order,... Read more »

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 27, 2020

A properly drafted consent order should have already properly calculated child support. However, what worksheet you use is based on what type of custody you have. Since we do not know that, we can not answer your question. You should likely consult with a local family law attorney if you want to... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can a wife (who is a paralegal) take the kids if she catches her husband emotionally cheating? She thinks because she is

A paralegal that she has the upper hand and that everyone in the courthouse is in her back pocket.

Amanda Bowden Johnson
Amanda Bowden Johnson answered on Sep 25, 2020

Most people who think of themselves as 'paralegals are really nothing more than administrative assistants at best and secretaries / receptionists at worst. However, bonafied paralegal or not, she likely does have some upper hand due to her potential connections but it is highly unlikely... Read more »

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 Johnson
Amanda Bowden Johnson 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.

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