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North Carolina Child Support Questions & Answers
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
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
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
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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1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: My sons father is not following our custody agreement and not paying Child Support, what are my next steps?

I have in place a custody agreement with my sons father we made a few years ago. At the time I was living in Mecklenburg county Charlotte NC now I am living in Gaston County Gastonia NC. Will I need to continue in Mecklenburg county? He has not been following the agreement and has not paid full... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Nov 7, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Shd an existing childsupport order in TX be transferred to NC? What happens if the NCP doesn't travel to NC for court?

My child, myself and the father we're all in Dallas, TX when the order was established in court in 2009. My child and I moved to NC 2yrs ago but I didn't see the need to transfer the case to NC because no modifications we're needed at the time, so it is still in TX. Since the order was established... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Oct 27, 2018

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.

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: Can a lawyer help a former runaway get their identification as an adult (30+ years old) if the family will not help?

Child Ranaway in 1999 just trying to get identification after living off grid. Family refuses to help she has been begging them for over a year time

T. J. Jesky
T. J. Jesky answered on Sep 23, 2018

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... Read more »

1 Answer | Asked in Child Support for North Carolina on
Q: DSS has custody of my newborn. I am court ordered to pay until I have completed all necessary steps to get her.

How much support do I have to be behind before I would get in trouble?

Melissa Averett
Melissa Averett answered on Sep 22, 2018

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.

1 Answer | Asked in Family Law, Child Support and Education Law for North Carolina on
Q: Do I need a Indiana lawyer to get an agreement that I signed dismissed thru the court due to it being invalid now?

The agreement is for post secondary educational expenses for an emancipated 19 year old/ 20 in October '18. Agreement was for a school that child is no longer attending. Has also moved out of a shared apartment. Moving home for now. The agreement was expenses for this specific school and toward a... Read more »

Melissa Averett
Melissa Averett answered on Sep 20, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What do I need to do if I pay child support and my ex doesn't let me see my son?

Never married to her. No custody order that I know of, she just stopped letting me come pick him up. I do pay child support.

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 15, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for North Carolina on
Q: No custody order. Can I keep my daughters father from having unsupervised visitation with her?

I recently filed for child support because my daughters father has been absent for over 3 months. Before becoming absent he would go time and time again without seeing her because he had other plans. Wouldnt provide things she needs. Showed up drunk to watch her. Left her outside alone in the car... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 9, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: After signing custody agreement (50/50) went to get child support and they say only $17 a month is what will be given?

Granville County North Carolina--My boyfriend just signed a custody agreement with the Court giving him and his ex 50/50 (she has already violated this agreement numerous times) he pays all of day care $800 a month, and all of insurance $300 a month or so and all medical expenses. He recently went... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Aug 2, 2018

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Can he keep my kids from me?

My ex was gone and didn't talk to our kids for 5 years. He owes me $20,000 in child support and his still ordered to pay for which he is going to court right now for not paying. He came back in the picture about a year ago. He took it upon his self to pick then up on last day of school and work not... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 26, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: I have been court ordered to pay child support since 2011. My parental rights initially terminated in 2002. How come?

CPS terminated my rights due to a horrible choice I made while young. My kids I'm being ordered to pay was adopted by the oldest biological grandparents. How is it possible the oldest father was able to seek child support.

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 25, 2018

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... Read more »

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: How to force non custodial parent to live up to their obligations (CS and Insurance)

Custodial parent (CP) in NC, Non Custodial (NCP) in Fl. NCP remarried, on disability, no job history, delinquent, states no longer obligated to pay. DSS no assistance, anything that can be done

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 20, 2018

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... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, male divorced, non court ordered sep aggrement. Ex can’t care for our kids anymore and I have them full time.

In the aggrement it says I get them every other weekend and pay $400/mo child support. But now I had to get the kids from her because she has no place to live, no job and can’t care for them anymore. So for the past 2 months I have had them full time. Witch is good with me I want them full time.... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jun 7, 2018

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... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: How do I file for abandonment and nonsupport on my ex husband in NC
Amanda Bowden Houser
Amanda Bowden Houser answered on May 25, 2018

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.

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

Half my paycheck is being garnished for back taxes that she and I owe together. After garnishment I don’t bring home enough to cover the full amount of child support. Can she hold me in contempt? I am still paying child support which comes out of my check, she’s just not receiving the full... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 18, 2018

Of course. You have two choices, lower your standard of living or go off the grid.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: My ex is not paying child support for the last 3 months. No court order just a notarized agreement.

His lawyer says she is going to put it on the child support calender. But that was about a month ago. His lawyer nor him will answer any of my emails. I do not have a lawyer. Nor can I afford one after our child custody court. I should add that there is an insurance issue. That is why it was... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on May 14, 2018

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.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Lived in 3 different states & all claim souse income is required, they have to have it. Why if it's not?

I have lived in 3 different states and all have requested spouses income in both scenarios, the case of being the payee & payer. My spouse is being sued for child support, the courts want to include any and all income I make to make more of his income disposable and therefore pays more to the... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Apr 4, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: the courts deemed me the father no paternity has been established and they take my income tax every year
Amanda Bowden Houser
Amanda Bowden Houser answered on Mar 20, 2018

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... Read more »

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