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North Carolina Child Support Questions & Answers

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 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 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 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 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 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 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 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 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 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 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 »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

Q: I am married disabled women with 2 children that was abandoned by my husband , is spousal support available for me?

We moved here in N.C on 5/2018 from Md. and my husband sent us ahead to a rental property that he was supposed to accompany us when he found employment but instead ask for an divorce again after reconciliation when he had abandoned us before in Md.

Angela L. Haas answered on Jun 6, 2019

You should be entitled to spousal support, if he has any disposable income after meeting his reasonable monthly expenses, and you have not committed adultery. The sooner you file an action for Post-separation support and alimony, the better.

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: How should i prepare for hearing

I father two kids. Both with the same women(never married) The oldest kid lives with my mother who has full court ordered custody.The youngest lives with biological mother.I pay support for the youngest child to the mother but my mother doesn't receive support from either parent. Recently the... Read more »

Amanda Bowden Houser answered on May 10, 2019

If the older child is living with the mother - why do you think she shouldn't get money? Don't want to pay child support, have your mother take the child back or move for a modification of custody yourself to have the older child live with you. Otherwise, pay child support. Your other option is... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on

Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Child Support for North Carolina on

Q: Can my ex get our child from another persons house?

I’ve hid our kid from him (I’m trying to sell the idea of him being unstable when he’s actually a good person, and really I’m I’m a bit off in the head for coming up with the idea to pretend that this fake daycare existed and the couple watching her have bought my story. He could have... Read more »

Angela McIlveen answered on Apr 25, 2019

Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It sounds... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on

Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.

In the beginning the mother would not take child support from me or go to court bc she thought it would make it easier for me to see him if she did. She also cut all communication off with me up to present day. Im in his life now bc he found me on social media and reached out to me behind her back... Read more »

Amanda Bowden Houser answered on Apr 13, 2019

"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

Q: As a father to a minor child can I file for TPR on myself in a pending 50-B action, a custody action initiated by myself

There are many revolving parts of this particular case, including pending custody orders from 2 different counties, a 50-B also attached with a temporary custody order, pending change of venue hearing, as well as multiple jurisdictional issues. I wish to simply sever all ties and be done with the... Read more »

Amanda Bowden Houser answered on Apr 9, 2019

Of course you can not terminate your own parental rights because that would mean you could unilaterally terminate your obligation to pay child support. You don't need any sort of court order or court involvement to stay away from the mother and child but unless you are willing to live an indigent... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: My son went to live with his dad two years ago, will he have to pay me the back due child support?

Due to an emergency change in custody, my two year old son went to live with his dad almost two years ago. I have not seen my child since. It was court ordered that he pay me $400 a month when I had our son and since he got him, it’s still court ordered he pay me. The arrears of child-support is... Read more »

Amanda Bowden Houser answered on Apr 3, 2019

What? Of course he doesn't owe you any money. $15,000? What kind of gorilla math is this? Is the 'juice' still running? $400 a month for two years is $9,600 - which you likely ought to owe to the father. If the child went to live with the father two years ago and the child is two years old -... Read more »

1 Answer | Asked in Child Support, Education Law and Family Law for North Carolina on

Q: can my legal parent/guardian allow me to quit school at 15 in NC without any consequences?

Im 15 and I have depression/Anxiety and I cant handle school anymore I really want to get out of school but i dont want to get taken away or get into trouble and I love my parents so I dont want them to get in trouble eaither. Is there something they could do to get me out of school without any... Read more »

Amanda Bowden Houser answered on Apr 1, 2019

You have to wait until you are 16 to make one of the worst decisions of your life. Look into the possibility of home schooling.

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: My 17 yo daughter moved out after graduating High School and lives with an adult friend. She wants us to pay for her gas

To work, a savings account, etc. She refuses to come home. Are we legally obligated to financially suppirt her still?

Amanda Bowden Houser answered on Mar 15, 2019

You certainly are not required to support her on terms that she dictates. If she is old enough to live where she wants, she's old enough to provide for herself. You likely ought to stop enabling her immature behavior.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

Q: I was never in custody of my children, because I was under age. They have been paying for years now. Is this right.

Amanda Bowden Houser answered on Feb 27, 2019

As asked your question makes no sense. What are you trying to ask?

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