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North Carolina Child Support Questions & Answers

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

Q: Should I be prepared to pay college tuition if I have no rights to see either of my children?

divorced from my 2 daughters mother in 2005. Have been paying child support since then for both of my girls (ages 17 & 16). I do not have rights to see them because of an arrest in 2004 and a felony conviction (Alford plea) in 2006 in SC. i am concerned my ex-wife will sue me for assistance with... Read more »

Amanda Bowden Houser answered on Feb 27, 2019

Unless you stupidly agreed to pay for college in some binding agreement, your obligation to pay child support beyond the age of 18 is limited to a circumstance where the child is 18 but has not yet graduated from high school - in which case your obligation typically continues until the child... Read more »

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

Q: My child's father reports to federal prison at the end of this month to begin a 7 year prison sentence. My child is 4

The father has never seen him outside of the 2 times we were in court for child support order and his contempt for not paying it as ordered. He has never wanted go be involved in his life even though I made attempts to engage him several times for my childs sake even though he stays in another... Read more »

Amanda Bowden Houser answered on Feb 24, 2019

If he is smart he will structure any income he receives while in jail in such a way that you likely won't see a dime in child support. Since he will already be in jail, there likely won't be diddly squat you or the Court can do except let arrears accrue. So you have two choices: 1) getting sole... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: My son's father was written out of work by a doctor. He went before the judge and got support owed for my son suspended.

The case worker told me he would not have to pay arrears for this time. So far October 2018 until present. He is capable of working, he's posted video of him out four wheeling. What can I do? Why is he not responsible for arrears? If I get sick and can't work I still have to support my son... Read more »

Amanda Bowden Houser answered on Feb 6, 2019

Apparently a doctor disagrees with your assessment that he can work despite the video of him 4 wheeling.

As to what you can do - you can hire an attorney but there is no guarantee it would pay off for you in the end. Wish I had better news. Best of luck.

1 Answer | Asked in Child Support for North Carolina on

Q: Should "monthly adjusted gross income" be used for BOTH parents in a child support order?

Just got the signed order in the mail. My ex's monthly gross income reads $2,177.77 whereas mine reads $2,500.00. Directly under it, my ex's monthly ADJUSTED gross income reads $1,787.37 whereas mine still reads $2,500.00. I sent them my pay stubs so they have all the income information they need.... Read more »

Melissa Averett answered on Jan 22, 2019

On the left side of the form each line is described. it's really hard to confirm what you're talking about without having a copy of the form. But typically there's the gross income, and then a credit if there's another child in the household or if that parent is paying child support for another... Read more »

1 Answer | Asked in Child Support for North Carolina on

Q: I am in the middle of doing my child support modification. I am unsure of things

I have two mother of children. When the second child support order went in they didn’t include the first one and I am not sure how to word that in my modification. I lost my job since the hurricane and recently got behind. I got a court appointed laywer and he said I needed to do a modification.... Read more »

Melissa Averett answered on Jan 21, 2019

here is the form: https://www.nccourts.gov/assets/documents/forms/cv600-en.pdf?p6P9vXt4PG5WShmWZ_EbNOLmSagI8yw_

the change of circumstances are that 1) credit for child support payments made to child from another relationship were not included in the ordered amount, and 2) loss of...
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1 Answer | Asked in Child Support for North Carolina on

Q: Can NC Medicaid make boyfriend pay child support even though we live together?

My boyfriend and I live together and are thinking of having kids. I am on Medicaid and Medicare and have been told that they may try to make him pay for child support even with him living with me and would be helping out 50/50 with kids. Is this true or was I misinformed?

Kelli Y Allen answered on Jan 18, 2019

Only a judge can order child support. It would be more a question of whether Medicaid would count your boyfriend's income in determining your eligibility for benefits. There are many different types of Medicaid with different program requirements, so you would need to speak with your social... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: My ex died owing over 25,000 in child support. My son is now 18. He died with nothing, will SSA pay benefits?

Sara W. Harrington answered on Jan 9, 2019

As you know, once a supporting parent has died, future support payments die with him.

However, his estate will owe the past-due amount. Once his estate has been opened for probate you or even state child support enforcement agency may file a claim against his estate with the probate court...
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1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on

Q: If I signed the birth certificate but now I'm not sure if the child is mine and I'm paying child support can I re quest

Amanda Bowden Houser answered on Jan 8, 2019

Possibly, you need to consult with a local family law attorney.

2 Answers | Asked in Family Law, Child Custody and Child Support for North Carolina on

Q: I'm on child support an I haven't seen my boy in years..I beg an beg no answer ..I pay my support

Melissa Averett answered on Jan 6, 2019

You didn't actually ask a question, but I'm going to assume that you're asking how to get visitation with your son. You need to hire an experienced family law attorney, probably in the county and state where your son lives, and sue for custody and visitation.

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1 Answer | Asked in Child Support for North Carolina on

Q: If Parental Rights are surrendered?

My step-son was court ordered through DSS of Rutherford County, North Carolina to pay child support on his 4 children. Me and my wife have Guardianship over two of the grandchildren, ages 11 and 9, until they are 18. If he relinquishes parental rights is he still obligated to pay child support or... Read more »

Melissa Averett answered on Jan 5, 2019

A parent cannot surrender their own parental rights. If they could every parent who didn't want to pay child support and wasn't allowed to see their children would do so, and the government would have to support those children. If you have grounds under North Carolina law to terminate his parental... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: In NC, if my employer directly pays my childcare provider the cost of my daughter's childcare how does that factor in

when I file for child support? Would that mean the cost of her child care doesn't count as a work-related expense because neither parent is directly paying? Or because it is a benefit of my job would it factor into my income and as an expense I'm paying? Very unsure.

Melissa Averett answered on Jan 4, 2019

It can be counted as income to you and credited to you as an expense, or it can not go into the child support calculation at all since you are not paying it. What can't happen is it can't be credited as an expense without an income adjustment, and it can't be counted as income without an expense... Read more »

1 Answer | Asked in Child Support for North Carolina on

Q: In NC if you have a Notarized Agreement stating the father will not have to pay child support, can you get Support still

Father did not want the child so he wanted a signed notarized agreement stating he would not have to pay. Can you still file for child support?

Melissa Averett answered on Jan 1, 2019

Yes. Child support is the right of the child and it cannot be waived by either parent.

1 Answer | Asked in Child Support for North Carolina on

Q: My daughter died in Sept. Of 2006. At that time they said I was paying back child support. After her death; they took

About 7k dollars from me. Before she passed she didn't receive the back payments. Where did my money go??New York state child support

Melissa Averett answered on Jan 1, 2019

You might want to ask your question in the forum for New York. But in North Carolina, your back child support was owed to the person who had custody of your daughter. Back child support is the money that you owed to that person before your child died. Think of it as the person who had custody of... Read more »

1 Answer | Asked in Child Support for North Carolina on

Q: Currently ima being made to pay child support but i signed over custody to my mom I have no custody nor do I see them

Why I am I still paying?

Melissa Averett answered on Jan 1, 2019

Unless your parental rights have been terminated, you have a legal obligation to financially support your children whether you have custody of them or not. Child support payments are not a fee that you have to pay to see your children. Child support payments represent your financial obligation to... Read more »

1 Answer | Asked in Child Custody and Child Support for North Carolina on

Q: What are my chances of getting a fair price for child support if I take my Daughters mom to court?

My ex has my daughter during the WORK week. We meet at my moms to drop my daughter.every weekend my daughter is at one of her grandparent houses. I pay my ex’s phone bill, $350 a month in child support. I have my daughter under my medical&dental, I buy all the school clothes& anything else extra... Read more »

Melissa Averett answered on Dec 24, 2018

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...
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1 Answer | Asked in Family Law and Child Support for North Carolina on

Q: I am ordered to pay child support but ex husband has never enforced it now he wants to go against our custody order

Telling me I can’t get my kids on my Christmas if my husband is here. I was married when we had the custody battle and it doesn’t say my kids can’t be around my husband at all in the order. Can he have me arrested for not paying child support if he hasn’t enforced it? I told him I needed... Read more »

Amanda Bowden Houser answered on Dec 24, 2018

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... Read more »

1 Answer | Asked in Child Support and Family Law for North Carolina on

Q: Child Support and FoodStamps/EBT

Girlfriend and I have been together and lived together for 5 years. Not married. We had a child two years ago. We agreed that after birth she would go back to work and I would stay home to care for our child (to save from day-care expenses.) If she were to apply for FoodStamps/EBT would the state... Read more »

Amanda Bowden Houser answered on Dec 8, 2018

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... Read more »

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on

Q: About child support in NC

I am wanting to leave my husband and collect child support. I am on SSDI but my husband is telling me that he will not pay me anything because when we were separated a year ago but still living in the same home due to financial reasons, I dated someone else, whom he told me to date, and he will... Read more »

Amanda Bowden Houser answered on Nov 30, 2018

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... Read more »

1 Answer | Asked in Child Support and Divorce for North Carolina on

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

They want to raise my support by close to 100%. My ex-wife thought that was too high. She's the one that initiated a review. Will the court allow us to negotiate a reasonable amount or am I bound by their terms?

Amanda Bowden Houser answered on Nov 27, 2018

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... Read more »

2 Answers | Asked in Family Law and Child Support for North Carolina on

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

My support of $371 was for 2 children per Worksheet B when she was making more income and I was making less. One child turned 18 and support automatically dropped. I don't know how much tax benefit she would receive by being able to claim the younger child going further ?(daughter 14).

Wendy Smith answered on Nov 24, 2018

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.

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