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North Carolina Child Support Questions & Answers
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... View 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... View 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.

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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... View 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... View More

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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... View 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... View More

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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... View More

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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... View 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.

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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... View 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 Johnson
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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... View 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.... View More

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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... View 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
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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... View More

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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... View More

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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... View More

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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... View 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
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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... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: I have physical custody of my children, my ex pays no child support.

I have primary physical custody of my children, there was never any child support set up. what are the odds if I go after child support I will have to pay her support for the time she has the kids. I make more than she does as she has no bills so only needs a part time job. I have insurance on the... View More

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answered on Mar 7, 2018

Only one parent will receive child support. In order for her to receive child support from you, she would have to have the children in her physical custody at least 50% of the time. As long as you can keep her custody period to less than 50%, you should be able to get at least $50 per child from... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: I have one child support order signed and vested, can a separate child support order be filed?

I have a child support order for Medical Support only signed, vested, and filed in 2016 with a letter from the state saying that I owe $0 in arrears. Now the court has ordered a separate child support order 2 years later and added on 3 years retroactive support plus arrearages and attorneys fees.... View More

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answered on Mar 6, 2018

The short answer is you are likely wrong. They likely are not modifying the medical support order, they are likely just putting a proper financial support order into place (not sure why that wasn't done to start with). Why in the world would you think a medical support order would be all you... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: Non-custodial dad owes $35,000 in child support.How can I take action to hold him accountable?Can he be forced to work?

My daughter is 9 and the dad has been in and out of prison. When she was 1, the courts ordered him to pay $300/month in child support and it’s been collecting since then, up to about $35,000 with no payments from him. He is now married, has a newborn, no job, and still refuses to help out in any... View More

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answered on Mar 6, 2018

Unfortunately we don't allow slavery any more - so no, he can't be forced to work. Bottom line - you are not going to get blood out of a stone. So as I see it, you have two options: 1) Let it go! Based on your description, the odds of you ever seeing dime one of that $35 k pie in the... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: In the state of North Carolina can they make me pay child support when DSS has custody over my child and I'm not giving

visitation because I refuse to take I drug test

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answered on Mar 1, 2018

Visitation is irrelevant to child support. The technically correct answer is no they can not make you pay child support but they can have you put you in jail and they can seize what assets you have, garnish wages, tax refunds and likely what every else you may be receiving and generally make life... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Other parent refuses to work to avoid paying child support...is that legal?

My ex refuses to work to avoid paying child support. His wife supports him financially. He claims he's going back to school but has mentioned he's dropped out twice in 2 years and when he was in school, was only taking one class. I've filed paperwork to have child support done thru... View More

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answered on Mar 1, 2018

Perfectly legal. However, a Judge could order more than the $50 and of course if he doesn't pay, its potentially off to the pokey.

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: Can I end the child support case against my parent?

I'm 22 essentially my mother still has a child support case against my father. My sister and I are over 18 and she's still trying to screw him over with it. Can I as the child end my part in the support case?

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answered on Feb 27, 2018

The short answer is no. It is doubtful your mother is trying to continue child support beyond the eligibility range and if so, don't worry she likely won't get it. It is more likely she is trying to collect arrears which are owed to her and if so you likely ought to tell your dad to pony up.

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