North Carolina Child Support Questions & Answers

Q: My wife want to divorce and take kids to mexico

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Answered on Oct 12, 2018
Amanda Bowden Houser's answer
If the children have resided in North Carolina for at least the last 6 months then you should consult with a local family law attorney regarding an injunction to prevent her from doing that. Best of luck.

Q: Can a lawyer help a former runaway get their identification as an adult (30+ years old) if the family will not help?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Sep 23, 2018
T. J. Jesky's answer
If the individual is 30 years, they can certainly hire an attorney to petition the Court for a name change. With a Court order name change, the 30 year old will be able to change their name with the Social Security System. And, in some States, with a Court Order, you can update your Birth Certificate with the Court ordered name change.

Q: DSS has custody of my newborn. I am court ordered to pay until I have completed all necessary steps to get her.

1 Answer | Asked in Child Support for North Carolina on
Answered on Sep 22, 2018
Melissa Averett's answer
A single payment. Seriously you cannot miss a single payment. If you do you are in contempt of court, and you risk not getting your child back. Paying your child support is your responsibility to your child.

Q: Do I need a Indiana lawyer to get an agreement that I signed dismissed thru the court due to it being invalid now?

1 Answer | Asked in Family Law, Child Support and Education Law for North Carolina on
Answered on Sep 20, 2018
Melissa Averett's answer
There is no way to accurately answer this question without reading the agreement and knowing a lot more facts about your situation, but I can tell you that if the agreement was signed by a judge in Indiana and entered in a court in Indiana then you definitely need an Indiana lawyer. If it's a separation agreement that was not signed by a judge and not filed with court, then it depends on what the separation agreement says about jurisdiction and what the remedies are in the event of the...

Q: My ex got back with her ex boyfriend that used to assault her. He assaulted her again infront if my child.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Sep 1, 2018
Amanda Bowden Houser's answer
Hire an attorney and follow their advice. You are the one tipping the scale right now and not in your favor. It appears you have created a giant weak spot in your case and how things look are often as important or even more so than how they actually are. These are your words, "She refuses to leave him. I have taken custody papers out on her in hopes that would encourage her to leave him." Essentially it looks like you filed the custody action because your ex won't stay away from a...

Q: What do I need to do if I pay child support and my ex doesn't let me see my son?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Aug 15, 2018
Amanda Bowden Houser's answer
Whether you pay child support or not or were ever married or not is irrelevant to the issue of visitation. If you are entitled to visitation and the other parent is denying it and / or making it difficult without justification, then that is likely a jerk thing to do and is unacceptable. Hire an attorney, get a custody / visitation order and stick it to her good and proper.

Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Answered on Aug 9, 2018
Amanda Bowden Houser's answer
You don't get to dictate the terms of visitation, no matter how well intentioned you are. If you are going to refuse his requests for visitation or even impose restrictions, you had better have extreme good cause that you can prove to the court. Rolling up into court with what your 'gut is telling you' likely won't cut it and you are correct that it will very likely 'look bad' in court. That said, leaving her alone in a car and showing up drunk is likely good cause but you'd better be able...

Q: After signing custody agreement (50/50) went to get child support and they say only $17 a month is what will be given?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Aug 2, 2018
Amanda Bowden Houser's answer
He is lucky he got $17. At 50 / 50 custody - he should have gotten $0. If you can't afford an expensive lawyer - hire an inexpensive one. Often paying more does not necessarily mean better service or better results.

Q: Can he keep my kids from me?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jul 26, 2018
Amanda Bowden Houser's answer
Assuming the issue of no contact was his choice and not you keeping the children away from him, after 5 years of no contact and no child support, you likely should have terminated his parental rights. Since you didn't do that, as it stands right now, if he is on the birth certificate and assuming there are no court orders or other written custody agreements to the contrary, he likely has as much legal right to the children as you do. So essentially, he is very likely within his legal right to...

Q: I have been court ordered to pay child support since 2011. My parental rights initially terminated in 2002. How come?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Jun 25, 2018
Amanda Bowden Houser's answer
if your parental rights were terminated you are not required to pay child support. If you are being required to pay child support it is likely your parental rights were not terminated but that you were simply orderd not to have contact with the children. You may want to contact a local family law attorney to look into things for you to determine whats what. Best of luck.

Q: How to force non custodial parent to live up to their obligations (CS and Insurance)

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Jun 20, 2018
Amanda Bowden Houser's answer
You can not get blood out of a rock (or a turnip? I forget which). If the NCP has nothing - what do you expect to get? Just run things through the court or Floridia's version of child support enforcement and maybe some day you'll get a few bucks from a tax refund seizure. Essentially in most cases, if he could pay he'd be made to pay one way or another (unless he is willing to go completely off the grid). To make things even cheerier, you likely can not legally withhold visitation because...

Q: In NC, male divorced, non court ordered sep aggrement. Ex can’t care for our kids anymore and I have them full time.

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Answered on Jun 7, 2018
Amanda Bowden Houser's answer
Things happen. If you have to take the kids full time because mom can't care for them - you are likely not in willful breech. You should consider stopping child support and deal with things on a wait and see basis. If it turns out you will be keeping the kids long term, you may want to consult a local family law attorney to modify the agreement. But in terms of being in trouble or breech for stepping in and taking care of the children when mom can't - that's not gonna happen.

Q: Could nasty texts determine if someone is unfit to parent?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on May 28, 2018
Amanda Bowden Houser's answer
I would say possibly but if you are both doing it - what difference would it make? While it is childish and definitely demonstrates a certain lacking in character - it is likely 'no harm, no foul' and likely won't rise to the level of 'unfit parent' unless it starts to effect the child. However, there is no question that you both would be better off to stop that sort of behavior. Best of luck.

Q: Can I keep my kids from my ex's potential girlfriends/Girlfriends?

1 Answer | Asked in Contracts, Family Law, Child Custody and Child Support for North Carolina on
Answered on May 28, 2018
Amanda Bowden Houser's answer
You are entitled to your beliefs and can abid by them as much as you want but you are generally not entitled to impose your beliefs on others and dictate who your ex can have around the children. So absent a Court order to the contrary, your ex can have whom ever he wants around the children. If you want to legally try and do something about that, you will likely have to go to Court. If you choose that route, in order to not come off looking like a bitter nut bag, you will likely need...

Q: How do I file for abandonment and nonsupport on my ex husband in NC

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on May 25, 2018
Amanda Bowden Houser's answer
I am assuming you mean he abandoned you and is not supporting you and not that you want to file for these things. If so, you need to consult with a local family law attorney ASAP. Theses are not issues you likely can not resolve on your own.

Q: If wages are being garnished for back taxes do I still have to pay full amount of child support. 1/2 paycheck is taken

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Answered on May 18, 2018
Amanda Bowden Houser's answer
Of course. You have two choices, lower your standard of living or go off the grid.

Q: My ex is not paying child support for the last 3 months. No court order just a notarized agreement.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Answered on May 14, 2018
Amanda Bowden Houser's answer
Why would his lawyer put the case on for child support? Anyhoo, you don't need an attorney. Just bee bop down to yon local child support enforcement office and they will get things rolling for you.

Q: Lived in 3 different states & all claim souse income is required, they have to have it. Why if it's not?

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Apr 4, 2018
Amanda Bowden Houser's answer
Not sure what you are asking - you seem to mostly be making a bunch of incorrect statements. Child support in North Carolina is based on guidelines and is determined for the most part on the income of the parents. As a step parent - your income is irrelevant. If you want to insure child support is calculated correctly for your spouse - hire an attorney. As to visitation, that has nothing to do with child support and the two definitely do not go 'hand in hand'. If your spouse wants...

Q: the courts deemed me the father no paternity has been established and they take my income tax every year

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Mar 20, 2018
Amanda Bowden Houser's answer
If the Court was involved, there likely was a hearing held, at which you likely could have demanded a DNA test. If you didn't go to the hearing or haven't taken any steps to have paternity determined, then this is kinda on you. You may want to consider consulting with a local family law attorney to see what can be done. If you keep sitting around doing nothing as it appears you may be doing, they are going to continue to take everything they legally can from you until the child ages out at...

Q: I have physical custody of my children, my ex pays no child support.

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Mar 7, 2018
Amanda Bowden Houser's answer
Only one parent will receive child support. In order for her to receive child support from you, she would have to have the children in her physical custody at least 50% of the time. As long as you can keep her custody period to less than 50%, you should be able to get at least $50 per child from her in support maybe more depending on what both of your incomes are. If you want to know up front, just consult with a local family law attorney who can go over everything in more detail and lay out...

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