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North Carolina Child Support Questions & Answers
1 Answer | Asked in Child Support for North Carolina on
Q: How do I get the courts to sign off on a child support order. I went for child support last year and still nothing

I was granted full custody I last year. And also asked for child support... The judge gave me the worksheet of the amount I would get.. I called and they told me they don't see any court order.. Now i don't know where the judge is. I have a new family court judge

Melissa Averett
Melissa Averett answered on Oct 10, 2019

You need to schedule a hearing on child support, and at this point retroactive child support. A family law attorney in your district, or child support enforcement can help you with this issue.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test of a child?

Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 10, 2019

Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.

1 Answer | Asked in Child Support for North Carolina on
Q: Is NC a compliant state with MD on child support? I live NC and just found out I have 4 yr.old MD DNA

I just had to take a DNA to prove father of a 4 year old . I asked for Dna when born mother refused and 2 years ago she wanted support but wouldn't give DNA and now state made her do DNA and now they want 1300.00 a month support .I have a special needs child I have full custody of and I am self... Read more »

Melissa Averett
Melissa Averett answered on Oct 7, 2019

yes, Maryland can ask NC child support enforcement to register the child support order and enforce it. You need to hire an attorney in Maryland to see if the amount can be changed. you can search for a child support attorney in Maryland on this website.

1 Answer | Asked in Child Support for North Carolina on
Q: Is going through child support enforcement agency better than getting an attorney to file child support for me?

We are on medicaid and I was told to go to legal Aid for help with filing child support. Whats the difference between the two (Free attorney and Child Support Enforcement) Are they both court ordered? which one is faster ?

Melissa Averett
Melissa Averett answered on Oct 7, 2019

It varies from county to county, but in general, if both parents are wage earners with W-2 documentation of income, child support enforcement (CSE) is the way to go. But if the person you are trying to get money from is going to be hard to find, or is self employed, or you are seeking retroactive... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What to do about child visitation being refused unless work contract reimbursements are sent with child support in place

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Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 3, 2019

Your husband is the one allowing it. He needs to either hire an attorney and fight it out or comply. Those are his very simple basic choices. Have him pick one.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

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

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am 16, but when i turning 17 in march. I want to live on my own,can i move out at 17 and my mom cant bring my back?

I have wanted to move out of my moms house since i was 15. when i was 15 i runaway but the cops brought my back so im trying to figure out if i can leave at 17?

Amanda Bowden Houser
Amanda Bowden Houser answered on Sep 24, 2019

Of course you can not move out when you are 17. Nor should you - you can't even write a sentence correctly. Just stick it out until your 18 and then go do what you want.

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: what should i do? my ex and me have been separated for a year. we split cause he cheated we also have a 2 year old

He recently decided he didnt wanna help with our daughter because he says he only married me for a citizen ship our daughter was a mistake.

Denise Anderson
Denise Anderson answered on Sep 18, 2019

If he refuses to pay child support, an attorney can assist you to file an action for child support. The father will then pay because the order will be enforceable by the court.

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: I would like to file a motion to have my child support motion forgiven.

After a rocky 18 years, my daughter is in college and I have not had any communication with her mother in over 10 years. I have taken her to family mediation, which she has done nothing of what was agreed upon. Now I am trying to move on with my Life and my child support arrears are a major... Read more »

Angela L. Haas
Angela L. Haas answered on Sep 9, 2019

Honestly, you can certainly ask the court to forgive the arrears, but it is doubtful that it will happen. Visitation and child support are 2 separate issues. If you wanted a better relationship with your daughter, then you should have pushed hard for a custody order and then enforced its terms via... Read more »

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1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on
Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 27, 2019

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change order...
Read more »

1 Answer | Asked in Child Custody, Family Law and Child Support for North Carolina on
Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

Angela L. Haas
Angela L. Haas answered on Aug 1, 2019

She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency, if the... Read more »

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: I dont get to see my 8 year old or communicate at all. Wife of 1 year and 4 children I am soul provider for in my home

What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.

Angela L. Haas
Angela L. Haas answered on Jul 23, 2019

In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's children, if... Read more »

1 Answer | Asked in Family Law, Adoption and Child Support for North Carolina on
Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC

They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel it's in... Read more »

Angela L. Haas
Angela L. Haas answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I'm paying 800 a month in child support which 95 is to the arrears that was for three kids. One child is 26 and the

Other child is 21but still paying the same. Do they credit my arrears for the other two children

Angela L. Haas
Angela L. Haas answered on Jul 11, 2019

They credit your arrears to the arrears, not to the payment you should be paying for the other child(ren). It sounds like you should file a Motion to Modify Child Support, to bring your main payment down (which could also cause your arrears payment to increase, but also means that the arrears would... Read more »

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: Does it matter that custodial parent doesn't work or financialy support kids at all

So my son technically pays the bills Cause he gets disability but doesn't require 24hr care kids get food stamps she doesn't financially support kids at all does it matter

Angela L. Haas
Angela L. Haas answered on Jul 11, 2019

You should be paying something with a portion of your disability income. If she is intentionally not working, in order to avoid her child support obligation, then "yes" it matters.

2 Answers | Asked in Family Law and Child Support for North Carolina on
Q: My husband’s daughter turns 18 next week, His ex wife pays medical insurance with us paying 60% if expenses not covered

The daughter is having dental surgery after her 18th birthday and the ex wants us to pay the 60%. Do we have to pay or are we off the hook since she is 18?

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 9, 2019

You have not supplied enough information to answer this question accurately. It will depend on what agreements or court orders are in place and whether she is still in high school. Assuming she is not in high school and there is nothing that extends your obligation beyond 18 - then he is off the... Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: my boyfriend has had full custody of his daughter for 3 years but still owes back child support can it be cancelled?
Angela L. Haas
Angela L. Haas answered on Jul 1, 2019

He should have filed a Motion to Terminate the Child Support. If he didn't, he needs to ASAP. Anything that was owed before he got custody, he still needs to pay, unless the other party waives the right to receive it (in the form of a Consent Order).

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: If court order says that the father has temp. custody. And the child is living in grandparents home can I get her back?
Angela L. Haas
Angela L. Haas answered on Jun 26, 2019

Are you the father, mother, grandparent, etc.? Is CPS involved and if so, did they have the child placed at the grandparents' home?

1 Answer | Asked in Family Law, Real Estate Law, Child Support and Collections for North Carolina on
Q: My family just sold my grandparents estate and I'm due an inheritance. I owe back child support. I know that it can be

taken if there is a judgement against me for it. Everyone tells me that I will get the inheritance and she can take me to court for it. But, today I received a call from the realtor saying that my ex has gotten a lawyer and this lawyer wants me to call him to settle some sort of payment. The... Read more »

Angela L. Haas
Angela L. Haas answered on Jun 19, 2019

Your case file needs to be removed. Not sure why you didn't file a Motion to Modify Child Support amount when you could not afford your own bills. Nonetheless, you may want to do so now. If there is no judgment, then she would not be able to get to your inheritance before you do, without filing a... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: In 2006, my husband obligated to keep a college fund for both of his children. Now his daughter is graduating HS.

She has severed all communication with him. His ex-wife and the daughter chose the school without his knowledge. What is his obligation to pay for college? His ex-wife says it is 70-30. We are willing to pay 50-50 even though there is no relationship. The separation agreement does not state the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 18, 2019

I can not stress how incredibly not smart (this is the nicest way I can say stupid) it was to contractually obligate himself to pay for any portion of college (or any thing else for that matter that goes beyond required child support). Had he not contracted, he certainly could have paid if he... Read more »

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