North Carolina Child Support Questions & Answers

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

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Mar 15, 2019
Amanda Bowden Houser's answer
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.

Q: Should I be prepared to pay college tuition if I have no rights to see either of my children?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 27, 2019
Amanda Bowden Houser's answer
Unless you stupidly agreed to pay for college in some binding agreement, your obligation to pay child support beyond the age of 18 is limited to a circumstance where the child is 18 but has not yet graduated from high school - in which case your obligation typically continues until the child graduates high school. You are of course free to contribute financially after the age of 18 if you want to but you are not under any legal obligation to do so nor can the mother legally force you to pay...

Q: My child's father reports to federal prison at the end of this month to begin a 7 year prison sentence. My child is 4

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Feb 24, 2019
Amanda Bowden Houser's answer
If he is smart he will structure any income he receives while in jail in such a way that you likely won't see a dime in child support. Since he will already be in jail, there likely won't be diddly squat you or the Court can do except let arrears accrue. So you have two choices: 1) getting sole custody and keeping him potentially on the hook for child support is a cake walk and a no brainer - you'd have to be a scratchy crack addict to lose that case. 2) petition the court to terminate his...

Q: My son's father was written out of work by a doctor. He went before the judge and got support owed for my son suspended.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 6, 2019
Amanda Bowden Houser's answer
Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.

As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.

Q: Should "monthly adjusted gross income" be used for BOTH parents in a child support order?

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 22, 2019
Melissa Averett's answer
On the left side of the form each line is described. it's really hard to confirm what you're talking about without having a copy of the form. But typically there's the gross income, and then a credit if there's another child in the household or if that parent is paying child support for another child. Gross income minus that credit is the adjusted gross income.

if you're not paying child support for a second child, or if you don't have a child that you're supporting in your household,...

Q: I am in the middle of doing my child support modification. I am unsure of things

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 21, 2019
Melissa Averett's answer
here is the form: https://www.nccourts.gov/assets/documents/forms/cv600-en.pdf?p6P9vXt4PG5WShmWZ_EbNOLmSagI8yw_

the change of circumstances are that 1) credit for child support payments made to child from another relationship were not included in the ordered amount, and 2) loss of employment.

for the date of the previous order, you need to see the court file. Go to the court house in the county where the action is pending and ask the clerk of court to either look up the date...

Q: Can NC Medicaid make boyfriend pay child support even though we live together?

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 18, 2019
Kelli Y Allen's answer
Only a judge can order child support. It would be more a question of whether Medicaid would count your boyfriend's income in determining your eligibility for benefits. There are many different types of Medicaid with different program requirements, so you would need to speak with your social worker.

Q: My ex died owing over 25,000 in child support. My son is now 18. He died with nothing, will SSA pay benefits?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 9, 2019
Sara W. Harrington's answer
As you know, once a supporting parent has died, future support payments die with him.

However, his estate will owe the past-due amount. Once his estate has been opened for probate you or even state child support enforcement agency may file a claim against his estate with the probate court for back child support. The estate will generally have to pay the child support obligation before assets are disbursed to those named in his will.

I understand that you say he owned nothing,...

Q: I'm on child support an I haven't seen my boy in years..I beg an beg no answer ..I pay my support

2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jan 6, 2019
Melissa Averett's answer
You didn't actually ask a question, but I'm going to assume that you're asking how to get visitation with your son. You need to hire an experienced family law attorney, probably in the county and state where your son lives, and sue for custody and visitation.

Q: If Parental Rights are surrendered?

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 5, 2019
Melissa Averett's answer
A parent cannot surrender their own parental rights. If they could every parent who didn't want to pay child support and wasn't allowed to see their children would do so, and the government would have to support those children. If you have grounds under North Carolina law to terminate his parental rights then you can hire a lawyer and file the appropriate paperwork and have a hearing. The statute, which you can Google, is NCGS 7B-1111. But it also sounds like you would qualify for a restraining...

Q: In NC, if my employer directly pays my childcare provider the cost of my daughter's childcare how does that factor in

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 4, 2019
Melissa Averett's answer
It can be counted as income to you and credited to you as an expense, or it can not go into the child support calculation at all since you are not paying it. What can't happen is it can't be credited as an expense without an income adjustment, and it can't be counted as income without an expense credit. I would run the calculation both ways and then decide what to argue.

Q: In NC if you have a Notarized Agreement stating the father will not have to pay child support, can you get Support still

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
Yes. Child support is the right of the child and it cannot be waived by either parent.

Q: My daughter died in Sept. Of 2006. At that time they said I was paying back child support. After her death; they took

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
You might want to ask your question in the forum for New York. But in North Carolina, your back child support was owed to the person who had custody of your daughter. Back child support is the money that you owed to that person before your child died. Think of it as the person who had custody of your daughter having loaned you that money and you were paying that loan back.

Q: Currently ima being made to pay child support but i signed over custody to my mom I have no custody nor do I see them

1 Answer | Asked in Child Support for North Carolina on
Answered on Jan 1, 2019
Melissa Averett's answer
Unless your parental rights have been terminated, you have a legal obligation to financially support your children whether you have custody of them or not. Child support payments are not a fee that you have to pay to see your children. Child support payments represent your financial obligation to support the children that you brought into the world. And chances are excellent that your mother is spending more money on your children then what is covered by your child support payment.

Q: What are my chances of getting a fair price for child support if I take my Daughters mom to court?

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Answered on Dec 24, 2018
Melissa Averett's answer
North Carolina uses child support Guidelines to determine the right amount. The Guideline formula uses each parent’s income, the custody schedule based on the number of overnights, and certain child-related costs. Life style is irrelevant.

You can argue that the expenses that you are already paying are child support. You cannot control how the other parent spends the money. If the other parent spends money on food, a car, any living expenses used by the child, then the child support...

Q: I am ordered to pay child support but ex husband has never enforced it now he wants to go against our custody order

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Dec 24, 2018
Amanda Bowden Houser's answer
Custody / Visitation and Child Support are two different things. He cannot legally withhold visitation that is court ordered because you have not paid child support. Nor can he have you put in jail. He can and certainly should seek to have the child support enforced but whether or not you go to jail for non-payment is not up to him. Both of you essentially need to start doing right - you need to pay your child support and he needs to provide the ordered visitation - using the kids as pawns...

Q: Child Support and FoodStamps/EBT

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Dec 8, 2018
Amanda Bowden Houser's answer
Possibly but so what? If you aren't working, your obligation would likely be $50 or so a month and that would go to your girlfriend that you live with so you'd essentially be getting the money back if they even bothered to do it that way. Theoretically, you could use the same $50 bucks she gets to make the next months payment and it'd be a wash after the first month. The only way it would matter to you is if you were not living with your girlfriend but then you wouldn't have a choice about...

Q: About child support in NC

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Answered on Nov 30, 2018
Amanda Bowden Houser's answer
You seem to have the wrong idea about things. You need to consult a with a local family law attorney who can review your situation in more detail and lay out your options. If you were living together in the same house - you were not separated. As to him 'coming after you' for adultery, what does he hope to get? Money? That's likely not happening if you are on SSDI. If you want to leave and apply for child support there is nothing he can legally do to prevent that. He can possibly dodge...

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