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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 am married disabled women with 2 children that was abandoned by my husband , is spousal support available for me?

We moved here in N.C on 5/2018 from Md. and my husband sent us ahead to a rental property that he was supposed to accompany us when he found employment but instead ask for an divorce again after reconciliation when he had abandoned us before in Md.

Angela L. Haas
Angela L. Haas answered on Jun 6, 2019

You should be entitled to spousal support, if he has any disposable income after meeting his reasonable monthly expenses, and you have not committed adultery. The sooner you file an action for Post-separation support and alimony, the better.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: How should i prepare for hearing

I father two kids. Both with the same women(never married) The oldest kid lives with my mother who has full court ordered custody.The youngest lives with biological mother.I pay support for the youngest child to the mother but my mother doesn't receive support from either parent. Recently the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 10, 2019

If the older child is living with the mother - why do you think she shouldn't get money? Don't want to pay child support, have your mother take the child back or move for a modification of custody yourself to have the older child live with you. Otherwise, pay child support. Your other option is... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: been married for 2 years and me and my husband have a 1 year old son, can I move back home to NC and maintain custody?

what if husband will not agree for me to leave to move back home? We currently live in Mississippi. Wanting to separate under irreconcilable differences.

Angela McIlveen
Angela McIlveen answered on Apr 25, 2019

You need to talk to a lawyer in Mississippi where you live before you do anything. If you leave the state he may be able to get emergency custody. NC would not have jurisdiction of your case.

1 Answer | Asked in Federal Crimes, Family Law, Child Custody and Child Support for North Carolina on
Q: Can my ex get our child from another persons house?

I’ve hid our kid from him (I’m trying to sell the idea of him being unstable when he’s actually a good person, and really I’m I’m a bit off in the head for coming up with the idea to pretend that this fake daycare existed and the couple watching her have bought my story. He could have... Read more »

Angela McIlveen
Angela McIlveen answered on Apr 25, 2019

Your ex would be able to pick up his child from another person's home without your consent. Hearing your story I'm afraid that you are setting yourself for a terrible custody case. NC judges are not very sympathetic to a parent who is withholding or hiding a child from another parent. It sounds... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Hi my son was kept away from me for 9 yrs. He has recently reached out to me and is 14 yrs old now.

In the beginning the mother would not take child support from me or go to court bc she thought it would make it easier for me to see him if she did. She also cut all communication off with me up to present day. Im in his life now bc he found me on social media and reached out to me behind her back... Read more »

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

"Please help!" Hmmmm - really? With what exactly - not paying child support perhaps? Couldn't be you need help with visitation with your son. If so, seems the time to have asked for help with that was 9 years ago. Or 8 years ago. Or 7 years ago. It seems very much like what you are saying is... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: As a father to a minor child can I file for TPR on myself in a pending 50-B action, a custody action initiated by myself

There are many revolving parts of this particular case, including pending custody orders from 2 different counties, a 50-B also attached with a temporary custody order, pending change of venue hearing, as well as multiple jurisdictional issues. I wish to simply sever all ties and be done with the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 9, 2019

Of course you can not terminate your own parental rights because that would mean you could unilaterally terminate your obligation to pay child support. You don't need any sort of court order or court involvement to stay away from the mother and child but unless you are willing to live an indigent... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My son went to live with his dad two years ago, will he have to pay me the back due child support?

Due to an emergency change in custody, my two year old son went to live with his dad almost two years ago. I have not seen my child since. It was court ordered that he pay me $400 a month when I had our son and since he got him, it’s still court ordered he pay me. The arrears of child-support is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 3, 2019

What? Of course he doesn't owe you any money. $15,000? What kind of gorilla math is this? Is the 'juice' still running? $400 a month for two years is $9,600 - which you likely ought to owe to the father. If the child went to live with the father two years ago and the child is two years old -... Read more »

1 Answer | Asked in Child Support, Education Law and Family Law for North Carolina on
Q: can my legal parent/guardian allow me to quit school at 15 in NC without any consequences?

Im 15 and I have depression/Anxiety and I cant handle school anymore I really want to get out of school but i dont want to get taken away or get into trouble and I love my parents so I dont want them to get in trouble eaither. Is there something they could do to get me out of school without any... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 1, 2019

You have to wait until you are 16 to make one of the worst decisions of your life. Look into the possibility of home schooling.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My 17 yo daughter moved out after graduating High School and lives with an adult friend. She wants us to pay for her gas

To work, a savings account, etc. She refuses to come home. Are we legally obligated to financially suppirt her still?

Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 15, 2019

You certainly are not required to support her on terms that she dictates. If she is old enough to live where she wants, she's old enough to provide for herself. You likely ought to stop enabling her immature behavior.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I was never in custody of my children, because I was under age. They have been paying for years now. Is this right.
Amanda Bowden Houser
Amanda Bowden Houser answered on Feb 27, 2019

As asked your question makes no sense. What are you trying to ask?

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
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
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
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
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
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...
Read more »

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
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
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...
Read more »

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
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
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
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 »

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