North Carolina Child Support Questions & Answers

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...

Q: The child support agency in North Carolina has sent me a letter saying that after a review they want to raise my support

1 Answer | Asked in Child Support and Divorce for North Carolina on
Answered on Nov 27, 2018
Amanda Bowden Houser's answer
Child Support is based on guidelines. Basically, plug in your incomes and out comes a child support amount. If that amount is what your ex wants - it will be non-negotiable. The only thing you can really do is hire an attorney to make sure the calculation is correct or convince your ex to either drop the case with child support enforcement or at least tell the case worker she will agree to a lesser amount.

Q: Ex wants me to either inc. my child support from $371 to $718 or let her claim child for taxes. What is better option?NC

2 Answers | Asked in Family Law and Child Support for North Carolina on
Answered on Nov 24, 2018
Wendy Smith's answer
In order to truly evaluate your answer, I would need more information—I.e. your income, her income, extraordinary expenses, what does your previous custody order say, etc.

Q: My sons father is not following our custody agreement and not paying Child Support, what are my next steps?

1 Answer | Asked in Child Support and Family Law for North Carolina on
Answered on Nov 7, 2018
Amanda Bowden Houser's answer
Your first step is to determine if he has the ability to pay and is simply not paying or if he legitimately can not pay. If he legitimately can not pay, you would be wasting your time and effort. if he has the ability to pay but simply doesn't or won't reduce the cost of his current lifestyle to pay, the easiest thing is to sic child support enforcement on him. They are slow but low cost or free. You could hire a private attorney for the child support aspect which might be quicker but would...

Q: Shd an existing childsupport order in TX be transferred to NC? What happens if the NCP doesn't travel to NC for court?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Answered on Oct 27, 2018
Amanda Bowden Houser's answer
Why would you want him to go to the hearing? If he doesn't show - you win. However, you likely need to consult with attorneys in both states. There will likely be pros and cons that need to be weighed regarding the decision to proceed in TX or NC.

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: 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: 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.

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