North Carolina Child Support Questions & Answers

Q: is there a case law that prevents Child Support Enforcement from garnishing my wages when I am current on support pmts?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 20, 2018

Child Support Enforcement is likely to take every penny they legally can take from you. You can consult with a local attorney who can go over your circumstances in more detail and lay out possible options for you - maybe even see if some payment arrangement can be worked out but likely your only viable option will be to tighten your belt and pay what you are required to pay. I wish i had better news - best of luck.
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Q: Divorce was filed in NY.Now live in NC & he's in NJ. Kids are 18 & 21.Does child support stop at 21?No CS order filed.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 19, 2018

In NC child support ends at 18 - there are some circumstances where it could be a bit longer but if you have a court order or agreement, that should specify when child support ends.
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Q: 50/50 custody and I pay for both child support but youngest is now living with me. Do I still have to pay ex for both?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Feb 19, 2018

Yes unless you move to modify support, you will have to pay the current amount. Before you rush off to modify the support amount, you should check with a local attorney to calculate the new amount. Likely the new amount will be lower but if circumstances have changed since child support was first set, it is possible to end up paying more even with the youngest child now living with you.
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Q: If the father has not signed the birth certificate and wants no form of custody or rights,only wants visitation,is this

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Feb 17, 2018

If paternity has not been formally established by the court or otherwise and he is not on the birth certificate. He has no rights or obligations. So if he wants to visit - that is likely on your good graces. So if you want child support you could certainly take the steps to establish paternity and obligate him to pay child support but if you do that it will also establish his parental rights to potential custody and visitation.
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Q: What is a Temporary Court Order for child support?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Feb 17, 2018

Child support in North Carolina is based on guidelines - you simply plug in the parents incomes and out pops a child support figure. The cost of living in your area is likely irrelevant Obviously if you are getting $600 and were told that would be reduced if you work and earn income, then your current zero income helps your case in terms of receiving the most child support. If you work and earn money, logically you won't need as much child support.
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Q: My temp court order is 600$ will that go down bcz I'm not working or increase?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 17, 2018

We r nit licemsed in nc. Place in nc lawyer section.
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Q: I am separated in NC since november, I just found out that my separated spouse is pregnant by another man, what do I do?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Answered on Feb 14, 2018

The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. We can guide you through that process very affordably with a flat rate fee of $250 for an average couple. Otherwise if you end up duking it out in Court, all you are really doing is paying strangers often quite a bit of money to make decisions for you that you and your spouse could...
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Q: My son's father has not been in his life for 4 years and has not paid child support, does he have to pay back child sup?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Feb 13, 2018

You maybe should consider terminating his parental rights. It will relieve him of his obligation to pay child support but it will also relieve you of having to deal with him. Otherwise if you just go for custody, he is still on the hook for child support and back payments and maybe you might get some portion of a tax refund someday but if he hasn't paid in 4 years the odds of you ever seeing dime one from him are likely less than slim and none. Best of luck.
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Q: Are child custody and support handled separately from a separation agreement?

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Answered on Feb 1, 2018

They can be done separately but most people include them in their Separation Agreement. Doing them together is also great way to keep costs down. For an average couple, we can do Separation Agreements for a flat rate fee of $250 and if you want, the Agreement can be incorporated into your divorce judgment and made part of the court order.
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Q: If I already get court order childsupport for my son but my exhusband is about 2 receive a schedule amount for a settlem

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 31, 2018
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Q: Do you change the venue of a custody&support case every time you PCS? Was in CA, now in NC.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 25, 2018

Soldiers usually aren't that dense. The cost of living does not factor into child support so that is not grounds to reduce child support. If the child has been in NC for at least the past 6 months, jurisdiction is likely now in NC so at least your ex may have gotten that part right. However, after all that effort, expense and travel, to change venue (which you likely should not object to - let him dig his own grave) he is likely in for a big surprise with the end result.
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Q: I pay child support to my son's mother and she is ignoring all of my attempts to check on my son. What can I do?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 25, 2018

Your best option is to hire an attorney. Otherwise you are going to have to figure out how to file a show cause motion and / or a motion to modify custody / visitation. These are often complex, so the odds of a non-attorney successfully doing that are similar to a non-mechanic being able to successfully rebuild a cars transmission - basically, less than slim and none.
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Q: If Birth Mother is using Child Support Services to get a court hearing re: support order, who serves dad? Mother or CSS?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 24, 2018

CSE will serve likely serve him. If birth mother was receiving $1900 a month with no problems and without a court order and it was birth mother who started the action with Child Support Enforcement then birth mother may possibly get a surprise and end up receiving less than $1900 per month. CSE is notoriously slow which is likely a good thing if birth mother started this action because it will give birth mother a chance to consult with a local attorney who can calculate what child support is...
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Q: Can I as the mother not married to father have legal right to the house if it's not in my name but I have custody

1 Answer | Asked in Family Law, Real Estate Law, Child Custody and Child Support for North Carolina on
Answered on Jan 19, 2018

If you aren't married any rights you have to property will need to come from somewhere other than your status as a mother who has custody of children.
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Q: If the father has not been involved in his child's life for 9 years does he still have rights and See her

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Answered on Jan 19, 2018

Depends mostly on whether or not fathers parental rights were terminated during those 9 years. If not, then it mostly depends on how receptive mother and daughter are to visitation. If they are not receptive, father will need to decide whether to seek a Court order to attempt to force the visitation. Father needs to be aware that taking Court action to force visitation could result in a counter claim to terminate parental rights - which 9 years of absence would likely be good grounds for...
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Q: If my daughters mom and I agree on me no longer being legal father, do I pay child support and can I see my child still?

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Answered on Jan 10, 2018

If you are talking about having your parental rights terminated, you will no longer be required to pay child support. Also, you will not have a right to see the child. It is possible the mother could allow you to see the child but it is highly unlikely she would do so.
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Q: Would it be legal for her to move in if she is emancipated? Also what would it take for her to get emancipated?

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Answered on Jan 8, 2018

Yes, if she is emancipated but it is difficult to get emancipated. She would need to prove she can provide for herself financially and more importantly, has the common sense to take care of herself and make appropriate decisions. Neither of which is qualities of most 25 year olds let alone a 15 year old.
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Q: In NC can my husband lower the amount of child support he pays because one child has decided to stay with him?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 6, 2018

It certainly is fair to reduce the child support amount by $500. Not sure why you would think other wise. But here are your options. Be fair or take him to Court. If you take him to Court child support may end up being determined according to guidelines and not your agreement, meaning you could actually end up getting less than $1000 a month for two children. Of course, you could get more as well so likely your best bet if you insist on not being fair is to consult with a local family law...
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Q: In North Carolina with an uncontested divorce once final can either spouse go back and ask for child support or alimony

1 Answer | Asked in Child Support and Divorce for North Carolina on
Answered on Jan 2, 2018

Sure, you can ask for anything but it is likely you really want to know what the odds of getting it are. You may get child support. You likely will not get alimony unless that was brought up during the divorce.
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Q: What do I do if my child's father doesn't answer to child support.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Jan 1, 2018

No one cares what the father wants or thinks. Go to your local child support enforcement office - they will make him pay eventually.
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