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North Carolina Child Support Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I’m looking for insight to obtaining custody of my child

My ex wife and I share custody of our son. When she initially wanted to leave, she was going to do so without any type of agreement. I put an order in place to prevent her from leaving with my child, then she turned around and put a restraining order on me, that was thrown out in court. We came to... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 31, 2020

You likely would have likely had a better chance had you gone for custody from the beginning. If the child has been in AZ for at least 6 months, jurisdiction may be out there now which will likely put you at a disadvantage having to travel out there for hearings. You should consult with a local... Read more »

1 Answer | Asked in Child Support, Family Law and Health Care Law for North Carolina on
Q: Ex is needing to get Medicaid for hospital bills, and they are making her take out child support

We recently got divorced last month, we are on great terms, Co-parent great together 50/50 joint custody. At the time of separation we agreed no child support was needed as I take care of everything for our child that he needs, no matter what. She is 100% okay with this, now, last year she had some... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 3, 2020

You are going to pay guidelines regardless, so whether the state calculates it or you pay an attorney to prepare a written agreement is essentially the different between 6 and a half dozen. There are several ways to handle this. Likely the easiest is to simply let the child support money be used... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: The state is taking me to court fot child support not the mother how is this or why and what can i do
Melissa Averett
Melissa Averett answered on Mar 2, 2020

The state is probably taking you to court for child support because the mother is on public assistance. Under federal law, the state has to do that. So basically other than hiring an attorney to make sure the child support amount is not higher than it would be otherwise, there's nothing you can do... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: I was placed on support two different times and both cases were dropped by her, can she open up another case?

Even know the case was dropped they are trying to add another child to an order that was dropped years ago, and the child has not been proving mine what can I do?

Melissa Averett
Melissa Averett answered on Feb 21, 2020

Ask for a DNA test, assuming you were not married to the child's mother. Yes, child support can be brought up at any time before the child's graduation from high school or age of 18, whichever is later.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I can count on1 hand how many times I see my kid and I pay child support. Mother moved her way to alaska.What can I do

She has moved her from north Carolina to Texas and now way to alaska. I miss my kid and hate I only can see her through a phone screen! Please help me out because I do not know what to do.

Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 6, 2020

You need to hire a attorney.

1 Answer | Asked in Child Support for North Carolina on
Q: How do I get my boyfriend off of Child Support?He was filed for it when I began receiving workfirst. I no longer do.
Adam Bull
Adam Bull answered on Feb 2, 2020

First, if you are receiving any form of public assistance, food stamps, wic, HUD, you cannot terminate child support, because the state is entitled to recover those funds from the father so the taxpayers are not responsible for raising your child.

If you are not receiving any benefits,...
Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: I am a non custodial parent and have recently done a paternity test and it was 99.9% that I’m the father, I am getting

SSI. I don’t even make enough to cover my own bills much less pay child support, also have 2 other children and one on the way. So would I still be required to pay child support and how would that work? The number of children must be relevant because the child support calculator asks for number... Read more »

Adam Bull
Adam Bull answered on Jan 25, 2020

So this is your third, or fourth child?? Child support is based upon your income and the mothers income. The child may receive some partial benefit based upon your SSI. But to answer your question, having more children does not reduce your obligation to financially support your children

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My boyfriend is currently locked up in jail in NC for non payment. While he was working they were taking the payments.

While he was working they were taking the money for his children out of his paycheck. In April of 2019 we were kicked out of our home and he lost his job. Is there any way I can help him get released or is he stuck in jail for a long time?

Adam Bull
Adam Bull answered on Jan 23, 2020

The best and easiest way is to make payment to catch up any arrearage. if not then his incarceration will be reviewed by a Judge, or you can request a review and ask for his release then, or work release, but you will need to be able to show he has employment to be considered for work release.

2 Answers | Asked in Child Custody and Child Support for North Carolina on
Q: I want to contest the validity or enforcement of a "notice of regristration" what written request should I fill out?

I was serve on Friday 01-17-2020 with a notice of registration of foreign support order.

It states if i want to contest the validity or enforcement of the order, I must file a written request for hearing asking the court to vacate the order. Which forms do I have to fill out? I live in the... Read more »

Melissa Averett
Melissa Averett answered on Jan 21, 2020

There are no forms for that. You need to hire a lawyer to draft the motion, which has to be based on the legal grounds that the Illinois order is invalid in Illinois, incorrect, or not the current order. So your NC lawyer would either need to consult with an Illinois lawyer (and get an opinion... Read more »

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2 Answers | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I pay child support monthly now she wants me to pay daycare on top of that. Am I required to pay that?

She has already lost her daycare assistance because she wasn't working. Now she has lost her subsidized housing and living with someone else. They said she had to get a job. Now she wants me to pay the full amount of daycare for our child because she cant afford to pay his and the other child. She... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jan 16, 2020

You are required to pay court ordered child support and that's it. What she may want is irrelevant. Besides - if she isn't working, she doesn't need day care.

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1 Answer | Asked in Child Support for North Carolina on
Q: I’m going to court for a civil case for child support if I bring money for payment would the judge honor it

it’s the first court appearance would the chances of me getting locked up slim to none

Whitney Young
Whitney Young answered on Jan 14, 2020

It sounds like the child support agency is seeking contempt of court against you for failure to pay. If you bring the full amount owed to court, the judge will likely not hold you in contempt, which means you would not go to jail. Most judges will honor partial payment as well, especially where I... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: Can a court order be issued for child support if mother is not US citizen and lives abroad with a US citizen child?

I am not US citizen and I am planning to reside out of US with a child who is US citizen by birth. My husband , who I am separated from , is US citizen too. He agreed that child lives with me abroad. My question is about child support, if I am not US citizen and live out of US, is my husband... Read more »

Melissa Averett
Melissa Averett answered on Dec 29, 2019

Yes, but the proceedings need to be filed where he lives so it can be enforceable against him in his jurisdiction.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My ex did not agree to the amount worksheet done by the CSE.

He hired an attorney and they came up with a much lower figure. I declined that offer and have a court date set for Feb. I have no idea what happens next. I believe he is not reporting income from a family business. Will this be addressed and can someone educate me on what happens in Child... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Dec 13, 2019

If it goes to Court to make a decision, Child Support is not an 'offer' that you can simply decline. If you and your spouse can not come to an agreement, you will likely be held to the amount set forth in the guidelines. If it comes to that, the only things at issue are whether all income is... Read more »

1 Answer | Asked in Criminal Law and Child Support for North Carolina on
Q: I am the victim of a on going dv case and I do not want to pursue it .

what can I say or do to help him when I am at court, can I say that I do not want to testify against him on grounds that I want to get back to together with him and do not want to compromise and happy home or do I pled the 5th . Also we have kids together he pays child support for child care is... Read more »

Adam Bull
Adam Bull answered on Dec 12, 2019

You need to be very careful and consider why, after what presum8is a short period of time, you are changing your position from seeking court protection from him because of your statements under oath of your fear of him, to expressing the exact opposite. You were either fabricating your statements... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If me and my wife at the time agreed to leave the child. Who is 10yrs old my pension which cost me $900 a month. Now we

are no longer together. She is seeking child support. Could the $900 be considered part of child support when they do the calculation?

I pay for before/after school day care. His medical insurance and life. I pay 300 for tutoring. At the present time I give him $200 a month spending change... Read more »

Melissa Averett
Melissa Averett answered on Dec 3, 2019

No, sorry. Since you have no legal obligation to the support a child after your death, it cannot be considered child support.

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: If my daughter who is my wife stepdaughter who enter college before we separated. Now me and my wife have a 10yrs

Together. She is seeking child support for the 10yrs ago. Can i carry my daughter as a dependent why im asking is because i retired from my job. And retirement is $160 000 less then what i was making. Carry my daughter would help reduce her child support money received. Right now we have joint... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 26, 2019

Your question doesn't really make much sense, if your daughter is your wife's step daughter she would have no claim to child support at all let alone from 10 years ago nor should she have any sort of custody. You daughter will be a dependent until she reaches the age of 18 and possibly a bit... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: Is my wife responsible for helping pay my daughter college tuition. Me and my wife separate and she is receiving post

Separation and alimony now. The child was 12yrs old when i marry my wife and i had custody of my daughter. And will i receive child credit for her in child support hearing because we also have a 6yrs during the marry and she is seeking support for the child we have together.

Adam Bull
Adam Bull answered on Nov 25, 2019

No and no. As your older daughter is not your wife's, she has no responsibility for her financial care. Second, child support ends when children turn 18 and graduate high school.

Because she is over 18 you do not ot get an offset for any of her expenses in college.

You each have an...
Read more »

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1 Answer | Asked in Child Support and Civil Litigation for North Carolina on
Q: Why was my court ordered child support and paternity test not enough for me to inherit from my dad in North Carolin?

Why couldn't I inherit my predeceased fathers share of his mothers estate. It may now be to late to do anything but I still would like to know?

Melissa Averett
Melissa Averett answered on Nov 23, 2019

Because your father evidently did not file to legitimate you, and did not include you in a will. Establishing paternity and recognizing a child as a legitimate heir are two different legal processes. Filing an action to legitimate a child establishes paternity, but establishing paternity does not... Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Support for North Carolina on
Q: Bench warrants, how can I find out if I have and can I get rid of without going to jail?

My ex inlaw told me I have 2 for failure to pay child support. How can I find out for sure & can I get rid of them without going to jail?

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 16, 2019

Hire an attorney.

1 Answer | Asked in Child Support for North Carolina on
Q: can they force wife to file for child support to keep Medicaid?

We are in NC. My wife and I have been separated and we have one child together. We didn’t want to go through court for child support and custody we have our on agreement. The people at the Medicaid office are telling my wife that she has to file for child support or our child losing Medicaid

Adam Bull
Adam Bull answered on Nov 14, 2019

Yes. As a parent you are primarily responsible for the needs of your child(ren) not the state or the taxpayers. If she is receiving financial assistance, from the state, the state can collect that money back from you.

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