Lawyers, Answer Questions  & Get Points Log In
North Carolina Child Support Questions & Answers
1 Answer | Asked in Child Support for North Carolina on
Q: can they force wife to file for child support to keep Medicaid?

We are in NC. My wife and I have been separated and we have one child together. We didn’t want to go through court for child support and custody we have our on agreement. The people at the Medicaid office are telling my wife that she has to file for child support or our child losing Medicaid

Adam Bull
Adam Bull
answered on Nov 14, 2019

Yes. As a parent you are primarily responsible for the needs of your child(ren) not the state or the taxpayers. If she is receiving financial assistance, from the state, the state can collect that money back from you.

1 Answer | Asked in Child Support for North Carolina on
Q: Why does CS hold my Children's Payments, one day the payments be on time, then the next they want get anything for weeks

CS holds the payments all the time, and I'm a single mom raising 3 children. The father of my 2 oldest is $13,199 in the rears of Child support payments, and he also hasn't filed taxes in like 3 or 4 years.

Melissa Averett
Melissa Averett
answered on Nov 12, 2019

what do you mean by holding the payments? Are you saying that the father is paying on time and child support is not sending it to you? Child support of course can't send you money if he's not paying it to them.

1 Answer | Asked in Child Support for North Carolina on
Q: Parent is on LOA from work, not paying c. support wo any documented medical reason, Can I file a MSC?

Case is with CSA, but they refuse to file a MSC until she goes back to work and refuses to pay c. support. Parent had minor hip surgery back in Apr 2019. She is healed, no complications and 8 months later still refuses to go back to work. CSA filed a motion to reduce, but Parent did not provide... View More

Adam Bull
Adam Bull
answered on Nov 7, 2019

Sounds like CSEA is the problem. if she has stopped paying and there is no court order suspending her payments then she is in violation and there should be a show cause issued. you can hire a private attorney to pursue this. If you are the recipient CSEA cannot file a motion to reduce child... View More

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: When child support is filled how don't the other parent know

How do I now when child support was filed

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2019

You will be served.

View More Answers

1 Answer | Asked in Child Support for North Carolina on
Q: My ex went to child support court and I wasnt in form.but gave her a judgment
Adam Bull
Adam Bull
answered on Nov 4, 2019

If you were not present the court can only enter a judgment based on her information. You have a responsibility to attend to your legal matters in the same fashion you attend your other important business matters.

You can only change child support based upon a substantial change of...
View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I had. Child Support Court yesterday, 10/28/2019. It was my second court date. The first court date I managed to get it.

I managed to get it continued, but was supposed to pay $200 that day. Which because I’m out of work was told by a friend prior he could loan it to me. Well that never happened being something came up with him. I’ve never been in arrears, has been paid on time for 12 years. I worked for my... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2019

You should pay your child support obligation. You indicated in your question that you had money to pay other bills. Well guess what - that money should have went to child support as that is your most important bill.

2 Answers | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: In NC, do you have to be "legally separated" or can one person just move out and then file for Divorce a year later?

Basically, I want to know what is the process for divorce in NC.

We have one child together and she has one from a previous relationship.

We've been married about a year and a half.

What are the child support/custody rules and regulations?

I am completely at a... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2019

There is no such thing as 'legally separated' so "one person [can] just move out and then file for Divorce a year later" However, if you do it that way not knowing the law - which you clearly do not, you can screw yourself pretty hard. If things are amicable, your best bet is... View More

View More Answers

1 Answer | Asked in Child Support for North Carolina on
Q: How do I get the courts to sign off on a child support order. I went for child support last year and still nothing

I was granted full custody I last year. And also asked for child support... The judge gave me the worksheet of the amount I would get.. I called and they told me they don't see any court order.. Now i don't know where the judge is. I have a new family court judge

Melissa Averett
Melissa Averett
answered on Oct 10, 2019

You need to schedule a hearing on child support, and at this point retroactive child support. A family law attorney in your district, or child support enforcement can help you with this issue.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: Can a mother refuse to allow a DNA test of a child?

Mother was sexually involved with 2 men, not married to either, but lives with Man A. A prenatal DNA test was done and the results state Man B is the father. Mother states that she is moving forward as if the baby belongs to Man A. Can she refuse to allow a second DNA test with Man B upon the birth... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2019

Yes, she can refuse and then man B can get the Court to force her to comply. Of course, unless man B plans to try and obtain custody of the child, all man B is really doing is setting himself up for 18 potential years of paying child support.

1 Answer | Asked in Child Support for North Carolina on
Q: Is NC a compliant state with MD on child support? I live NC and just found out I have 4 yr.old MD DNA

I just had to take a DNA to prove father of a 4 year old . I asked for Dna when born mother refused and 2 years ago she wanted support but wouldn't give DNA and now state made her do DNA and now they want 1300.00 a month support .I have a special needs child I have full custody of and I am... View More

Melissa Averett
Melissa Averett
answered on Oct 7, 2019

yes, Maryland can ask NC child support enforcement to register the child support order and enforce it. You need to hire an attorney in Maryland to see if the amount can be changed. you can search for a child support attorney in Maryland on this website.

1 Answer | Asked in Child Support for North Carolina on
Q: Is going through child support enforcement agency better than getting an attorney to file child support for me?

We are on medicaid and I was told to go to legal Aid for help with filing child support. Whats the difference between the two (Free attorney and Child Support Enforcement) Are they both court ordered? which one is faster ?

Melissa Averett
Melissa Averett
answered on Oct 7, 2019

It varies from county to county, but in general, if both parents are wage earners with W-2 documentation of income, child support enforcement (CSE) is the way to go. But if the person you are trying to get money from is going to be hard to find, or is self employed, or you are seeking retroactive... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: What to do about child visitation being refused unless work contract reimbursements are sent with child support in place

.

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 3, 2019

Your husband is the one allowing it. He needs to either hire an attorney and fight it out or comply. Those are his very simple basic choices. Have him pick one.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: Can my dad legally kick me out of his house?

My parents are divorced and my father forced me to pack all my things and make me leave and go to my moms house. I have siblings still at his house and I want to go back but my father won’t let me. Is this legal?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2019

As long as you have a safe place to go, yep, 100% legal. What in the world would make you think you get to dictate the rules in your dad's house?

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I am 16, but when i turning 17 in march. I want to live on my own,can i move out at 17 and my mom cant bring my back?

I have wanted to move out of my moms house since i was 15. when i was 15 i runaway but the cops brought my back so im trying to figure out if i can leave at 17?

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 24, 2019

Of course you can not move out when you are 17. Nor should you - you can't even write a sentence correctly. Just stick it out until your 18 and then go do what you want.

1 Answer | Asked in Child Support, Divorce and Family Law for North Carolina on
Q: what should i do? my ex and me have been separated for a year. we split cause he cheated we also have a 2 year old

He recently decided he didnt wanna help with our daughter because he says he only married me for a citizen ship our daughter was a mistake.

Denise Anderson
Denise Anderson
answered on Sep 18, 2019

If he refuses to pay child support, an attorney can assist you to file an action for child support. The father will then pay because the order will be enforceable by the court.

2 Answers | Asked in Child Support and Family Law for North Carolina on
Q: I would like to file a motion to have my child support motion forgiven.

After a rocky 18 years, my daughter is in college and I have not had any communication with her mother in over 10 years. I have taken her to family mediation, which she has done nothing of what was agreed upon. Now I am trying to move on with my Life and my child support arrears are a major... View More

Angela L. Haas
Angela L. Haas
answered on Sep 9, 2019

Honestly, you can certainly ask the court to forgive the arrears, but it is doubtful that it will happen. Visitation and child support are 2 separate issues. If you wanted a better relationship with your daughter, then you should have pushed hard for a custody order and then enforced its terms via... View More

View More Answers

1 Answer | Asked in Small Claims, Family Law, Child Custody and Child Support for North Carolina on
Q: My brother in law is petitioning the court for full custody of 16 yr old son. He continues to pay child support!

He said he can’t stop or he’ll be in contempt. Can the funds be placed into an escrow account pending custody to change order petition? If not, can he sue her afterwards for overpayments?? How does that work? We are in Hendersonville, North Carolina.

He petitioned the court for change... View More

Amanda Bowden Johnson
PREMIUM
Amanda Bowden Johnson pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 27, 2019

You have the wrong idea about how things work.

"He said he can’t stop or he’ll be in contempt." This is potentially true. Your brother in law needs to pay his court ordered child support.

Can the funds be placed into an escrow account pending custody to change...
View More

1 Answer | Asked in Child Custody, Family Law and Child Support for North Carolina on
Q: What needs to be done to get custody and what is the cost?

My granddaughter moved to Wilkes from Baltimore for schooling and wants to get custody of her daughter that she has here with her.

Angela L. Haas
Angela L. Haas
answered on Aug 1, 2019

She'll need to file an action for custody, or file to modify an existing order. Either way, she needs to get a custody order, giving her legal and physical custody of the child. If the child hasn't been in NC for at least 6 months, then she may need to get jurisdiction in NC by emergency,... View More

1 Answer | Asked in Child Custody and Child Support for North Carolina on
Q: I dont get to see my 8 year old or communicate at all. Wife of 1 year and 4 children I am soul provider for in my home

What can I do about not seeing or communicating with my 8 year old. And I pay 380.00 month just for him. I do not make a lot of money and I can barely take care of myself, my wife and our 4 children in the home.

Angela L. Haas
Angela L. Haas
answered on Jul 23, 2019

In order to secure your rights to visit with your son, you'll need to file a Complaint for Custody/Visitation, and get the court to enter an order with specific days/times when you can have custody of or visit with your 8-year old. You are not legally obligated to support your wife's... View More

1 Answer | Asked in Family Law, Adoption and Child Support for North Carolina on
Q: My 8 yr old son lives in GA with his mother and step father. 7 yr since I seen him. Can I terminate my rights. I'm in NC

They have brought up the step father adopting him. My arrears will end up being paid but they have brought it up. Only issue is when I agree the mother gets angry and threatens me with the law or to make sure she gets every penny from me. The step father is a great dad to my son and I feel... View More

Angela L. Haas
Angela L. Haas
answered on Jul 23, 2019

Yes. You just need to file a Consent to Adoption. Once the adoption is final, your rights will then be terminated.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.