North Carolina Child Support Questions & Answers

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.
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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.
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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...

Q: I have one child support order signed and vested, can a separate child support order be filed?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Mar 6, 2018
Amanda Bowden Houser's answer
The short answer is you are likely wrong. They likely are not modifying the medical support order, they are likely just putting a proper financial support order into place (not sure why that wasn't done to start with). Why in the world would you think a medical support order would be all you would be required to do to support a child. If you question the validity of what has been done, hire a local family law attorney to review it for you. But bottom line, if the medical support order is...

Q: Non-custodial dad owes $35,000 in child support.How can I take action to hold him accountable?Can he be forced to work?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Mar 6, 2018
Amanda Bowden Houser's answer
Unfortunately we don't allow slavery any more - so no, he can't be forced to work. Bottom line - you are not going to get blood out of a stone. So as I see it, you have two options: 1) Let it go! Based on your description, the odds of you ever seeing dime one of that $35 k pie in the sky are likely less than slim and none. Don't worry about it and just let child support enforcement do their job and if you ever get any money - great OR 2) obsess over how unfair this all is and continue to...

Q: In the state of North Carolina can they make me pay child support when DSS has custody over my child and I'm not giving

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Mar 1, 2018
Amanda Bowden Houser's answer
Visitation is irrelevant to child support. The technically correct answer is no they can not make you pay child support but they can have you put you in jail and they can seize what assets you have, garnish wages, tax refunds and likely what every else you may be receiving and generally make life incredibly unpleasant until you decide to pay child support.

Q: Other parent refuses to work to avoid paying child support...is that legal?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Mar 1, 2018
Amanda Bowden Houser's answer
Perfectly legal. However, a Judge could order more than the $50 and of course if he doesn't pay, its potentially off to the pokey.

Q: Can I end the child support case against my parent?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Feb 27, 2018
Amanda Bowden Houser's answer
The short answer is no. It is doubtful your mother is trying to continue child support beyond the eligibility range and if so, don't worry she likely won't get it. It is more likely she is trying to collect arrears which are owed to her and if so you likely ought to tell your dad to pony up.

Q: My daughter turned 18 last April, her classes finished near thend of May but her Grad ceremony was June 10. What day

1 Answer | Asked in Divorce, Family Law and Child Support for North Carolina on
Answered on Feb 23, 2018
Amanda Bowden Houser's answer
You are obligated to pay until the child graduates. You likely ought to be glad its not a July ceremony. You could always simply refuse to pay for June and see if the other side has the tenacity to go after you for it - if they do, just pay it then. Or you could just pay June now with a smile on you face knowing that is the last payment. Your choice.

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
Amanda Bowden Houser's answer
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.

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
Amanda Bowden Houser's answer
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.

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
Amanda Bowden Houser's answer
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.

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
Amanda Bowden Houser's answer
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.

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
Amanda Bowden Houser's answer
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.

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
Cheryl Powell's answer
We r nit licemsed in nc. Place in nc lawyer section.

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
Amanda Bowden Houser's answer
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...

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
Amanda Bowden Houser's answer
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.

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
Amanda Bowden Houser's answer
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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