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North Carolina Child Support Questions & Answers
1 Answer | Asked in Divorce, Family Law and Child Support for North Carolina on
Q: My daughter turned 18 last April, her classes finished near thend of May but her Grad ceremony was June 10. What day

does my child support obligation End? DSS is billing me for the entire month of June? Is this correct or should it be prorated to one of the three termination dates specifically on a per diem from the beggining of the month to the day of the specific event that ends the obligation? It... View More

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answered on Feb 23, 2018

You are obligated to pay until the child graduates. You likely ought to be glad its not a July ceremony. You could always simply refuse to pay for June and see if the other side has the tenacity to go after you for it - if they do, just pay it then. Or you could just pay June now with a smile on... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: is there a case law that prevents Child Support Enforcement from garnishing my wages when I am current on support pmts?

Because my wages have been imputed at 3X my current income, and since my ex wife has full custody, I am facing child support payments that are over 70% of take home. Also, because I work in the financial services industry, wage garnishment potentially can be a client reportable and disclosure... View More

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answered on Feb 20, 2018

Child Support Enforcement is likely to take every penny they legally can take from you. You can consult with a local attorney who can go over your circumstances in more detail and lay out possible options for you - maybe even see if some payment arrangement can be worked out but likely your only... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Divorce was filed in NY.Now live in NC & he's in NJ. Kids are 18 & 21.Does child support stop at 21?No CS order filed.

The 21 yr old works Full Time living with Dad. 18yr old Sr in HS living w/ Dad also. I understand I will keep paying for my younger child but will I need to keep paying for the 21 year old? I don't care if I need to I just want to know what they are entitled to so I don't have any issues... View More

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answered on Feb 19, 2018

In NC child support ends at 18 - there are some circumstances where it could be a bit longer but if you have a court order or agreement, that should specify when child support ends.

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: 50/50 custody and I pay for both child support but youngest is now living with me. Do I still have to pay ex for both?

My 2 kids from ex are 17 and 15. I also have now remarried and me and my now wife are expecting our first child together (my 3rd child in total). Will this affect my child support if I got the 15 yr old living with me?

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answered on Feb 19, 2018

Yes unless you move to modify support, you will have to pay the current amount. Before you rush off to modify the support amount, you should check with a local attorney to calculate the new amount. Likely the new amount will be lower but if circumstances have changed since child support was first... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If the father has not signed the birth certificate and wants no form of custody or rights,only wants visitation,is this

Something that is legal? He also has not established paternity and has never been financially or physically involved consistently.The child is almost 2 years old and has always be in the mother's care.The father wants no rights other than visitation.Will the father be obliged to take... View More

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answered on Feb 17, 2018

If paternity has not been formally established by the court or otherwise and he is not on the birth certificate. He has no rights or obligations. So if he wants to visit - that is likely on your good graces. So if you want child support you could certainly take the steps to establish paternity... View More

1 Answer | Asked in Child Support and Family Law for North Carolina on
Q: What is a Temporary Court Order for child support?

Based on NC rules. Why would a temporary child support order be granted? I recently lost my job and requested the max amount of 728$. The NCP was ordered to pay 600$ and was told that if my income is still zero by April 2018, when our case is reviewed, the 600$ monthly payments will be reduced. I... View More

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answered on Feb 17, 2018

Child support in North Carolina is based on guidelines - you simply plug in the parents incomes and out pops a child support figure. The cost of living in your area is likely irrelevant Obviously if you are getting $600 and were told that would be reduced if you work and earn income, then your... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My temp court order is 600$ will that go down bcz I'm not working or increase?

Based on NC rules. Why would a temporary child support order be granted? The NCP was told that if my income is still zero by April 2018, the payments will be reduced. But i saw worksheet A which says different. We were never married. The father works for the US Army. Please help.

Cheryl Powell
Cheryl Powell
answered on Feb 17, 2018

We r nit licemsed in nc. Place in nc lawyer section.

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: Would a father be able to get any sort of rights after 8 years being gone with no contact with the kids?

Has recently come back into town has not contacted or anything there is no agreement or court ordered anything between us over the kids. He just left moved out never called or come to see the kids. He has recently come back to town has not contacted us just trying to get a idea on what actions I... View More

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answered on Feb 16, 2018

You don't lose your rights without court involvement. So unless his parental rights have been terminated, he likely has all his rights. You likely should have petitioned the court to terminate his rights years ago. At this point, he likely will continue to stay away because he likely thinks... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for North Carolina on
Q: I am separated in NC since november, I just found out that my separated spouse is pregnant by another man, what do I do?

She and I separated November 12th 2017, I found out she got pregnant by another man in January 2018, does this change anything? We currently have 4 children together that I want split custody of that she doesn't want me to have, how should I handle this?

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answered on Feb 14, 2018

The best way to handle it is for you and her to agree to something fair and have that agreement formalized in a written Separation Agreement that will resolve all of your marital issues in preparation for divorce. We can guide you through that process very affordably with a flat rate fee of $250... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: My son's father has not been in his life for 4 years and has not paid child support, does he have to pay back child sup?

He has not seen him, has not supported him, when we go to court me and my husband is asking for full custody

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answered on Feb 13, 2018

You maybe should consider terminating his parental rights. It will relieve him of his obligation to pay child support but it will also relieve you of having to deal with him. Otherwise if you just go for custody, he is still on the hook for child support and back payments and maybe you might get... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for North Carolina on
Q: What exactly do you have to do to terminate a fathers rights in the state of NC when the he resides in SC?

My daughters father hasn’t spoken to my daughter in 3 months as of the end of this month and wants nothing to do with her now that I am married.. what do I have to do to terminate his rights when we reside in NC but he’s a college student at USC?

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answered on Feb 8, 2018

If you are relying on time with no contact as grounds to terminate rights then 3 months likely ain't gonna cut it. Most NC Judges want to see years of no contact before they consider terminating parental rights. If he is willing to consent to the termination you may have better luck.... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for North Carolina on
Q: Are child custody and support handled separately from a separation agreement?

Or can they be included in the separation agreement (assuming the divorce is uncontested)?

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answered on Feb 1, 2018

They can be done separately but most people include them in their Separation Agreement. Doing them together is also great way to keep costs down. For an average couple, we can do Separation Agreements for a flat rate fee of $250 and if you want, the Agreement can be incorporated into your divorce... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: If I already get court order childsupport for my son but my exhusband is about 2 receive a schedule amount for a settlem

About 40 to $50,000 is my son entitled to any of that for as income for child support??

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answered on Jan 31, 2018

Likely not.

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: Do you change the venue of a custody&support case every time you PCS? Was in CA, now in NC.

My ex is army. Our divorce, custody and support case is in CA, where we are from. He’s in WA now, my current husband has us stationed in NC. My ex wants to lessen child support because he says the cost of living is less in NC for our daughter. He’s also refusing to pay half her tuition which is... View More

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answered on Jan 25, 2018

Soldiers usually aren't that dense. The cost of living does not factor into child support so that is not grounds to reduce child support. If the child has been in NC for at least the past 6 months, jurisdiction is likely now in NC so at least your ex may have gotten that part right.... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: I pay child support to my son's mother and she is ignoring all of my attempts to check on my son. What can I do?

The Child Support order states that the mother must keep me informed on the address of my son and how he is doing. She has ignored my attempts to contact for at least a month now.

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answered on Jan 25, 2018

Your best option is to hire an attorney. Otherwise you are going to have to figure out how to file a show cause motion and / or a motion to modify custody / visitation. These are often complex, so the odds of a non-attorney successfully doing that are similar to a non-mechanic being able to... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: If Birth Mother is using Child Support Services to get a court hearing re: support order, who serves dad? Mother or CSS?

Birth mother and birth father are not legally divorced yet. Birth mother has been receiving $1900/mo for 3 kids without any court order. Birth father has been paying monthly for well over a year. Birth Mother has involved CSS to get court ordered child support. Last August, birth father talked to... View More

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answered on Jan 24, 2018

CSE will serve likely serve him. If birth mother was receiving $1900 a month with no problems and without a court order and it was birth mother who started the action with Child Support Enforcement then birth mother may possibly get a surprise and end up receiving less than $1900 per month. CSE... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for North Carolina on
Q: If my daughters mom and I agree on me no longer being legal father, do I pay child support and can I see my child still?

My child is 5 in California with her mother. I live on East coast. I would like to sign paperwork with the mother agreeing that I am no longer the legal father. Will I still be able to see my child and will I have to pay child support?

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answered on Jan 10, 2018

If you are talking about having your parental rights terminated, you will no longer be required to pay child support. Also, you will not have a right to see the child. It is possible the mother could allow you to see the child but it is highly unlikely she would do so.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for North Carolina on
Q: Would it be legal for her to move in if she is emancipated? Also what would it take for her to get emancipated?

My girlfriend and I want to move in together in my parents house, (she's almost 15, and I am 15) She is a foster child, She lives in North Carolina, and i live in Pennsylvania, her dad sort of wants her out, and we're thinking if we upset him he'll kick her out, but she wants to try... View More

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answered on Jan 8, 2018

Yes, if she is emancipated but it is difficult to get emancipated. She would need to prove she can provide for herself financially and more importantly, has the common sense to take care of herself and make appropriate decisions. Neither of which is qualities of most 25 year olds let alone a 15... View More

1 Answer | Asked in Family Law and Child Support for North Carolina on
Q: In NC can my husband lower the amount of child support he pays because one child has decided to stay with him?

My husband and I signed a separation agreement in which he agreed to pay $500 child support for each of three (3) children per month until they reach age 18. My 15-year old daughter stays with him the majority of the time instead of alternating weeks like she is supposed to. Since these are her... View More

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answered on Jan 6, 2018

It certainly is fair to reduce the child support amount by $500. Not sure why you would think other wise. But here are your options. Be fair or take him to Court. If you take him to Court child support may end up being determined according to guidelines and not your agreement, meaning you could... View More

1 Answer | Asked in Child Support and Divorce for North Carolina on
Q: In North Carolina with an uncontested divorce once final can either spouse go back and ask for child support or alimony
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answered on Jan 2, 2018

Sure, you can ask for anything but it is likely you really want to know what the odds of getting it are. You may get child support. You likely will not get alimony unless that was brought up during the divorce.

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