Advise! Child Support!


#1

Dear James:

Start paying something now, before you go to court. I hope that you have a good reason for not paying up to this point also. The court will generally add up what you have due and set an arrearage amount, but they may also look at your assets and make you sell property or cash out accounts to pay the back child support. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you so much for your quick respond to my post.

I really wish I did have a GOOD excuse for not paying child support. I have just been draging my feet, now it is suffering time. I have a good job, make good money. I have a home that I bought and am paying for, before we married. My ex. also worked during our marriage. However, nothing has been said about any settlement as of yet, do you feel I can just go ahead and put the home up for sale? I know the judge is going to be ruff on me. Do you really feel an attorney can help? I just hate to pay for one, if it really is not going to do me any good.

I am so glad a friend told me about this web-site. thank you!


#3

Thank you so much for your quick respond to my post.

I really wish I did have a GOOD excuse for not paying child support. I have just been draging my feet, now it is suffering time. I have a good job, make good money. I have a home that I bought and am paying for, before we married. My ex. also worked during our marriage. However, nothing has been said about any settlement as of yet, do you feel I can just go ahead and put the home up for sale? I know the judge is going to be ruff on me. Do you really feel an attorney can help? I just hate to pay for one, if it really is not going to do me any good.

I am so glad a friend told me about this web-site. thank you!


#4

Dear James:

Yes, I think an attorney will help you. Send her a check TODAY! At least $300 - $500. Mark “Child Support” in the memo field. Hire an attorney, as they may be able to work out the entire settlement.

No, do not place your house on the market, as it has a marital component to the equity, even though the house is separate property. Keep the house and work with an attorney on settlement. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#5

Thank you very much for your answers.

I will get her a check in the mail today for a larger amount. I will make an appointment to see an attorney.

About placing the house on the market, what do you mean, “it has a marital component to the equity”. I have had my absolute divorce papers for a couple months now. My ex was the one who filed. I have not heard anything about equitable distribution. I read, that if she has NOT already filed for e.d., than she has lost out. Am I correct to assume this?

Thank you again.


#6

Thank you very much for your answers.

I will get her a check in the mail today for a larger amount. I will make an appointment to see an attorney.

About placing the house on the market, what do you mean, “it has a marital component to the equity”. I have had my absolute divorce papers for a couple months now. My ex was the one who filed. I have not heard anything about equitable distribution. I read, that if she has NOT already filed for e.d., than she has lost out. Am I correct to assume this?

Thank you again.


#7

Dear James:

Greetings. If you have a divorce judgment, then there is no issue about equitable distribution, unless she filed a claim for the same prior to the divorce judgment being entered. Thank you.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#8

Thank you.

Does that mean that I can put the house up for sale? Would I have been notified by now, if she has filed for e.d.? How can I be for sure? She want answer my questions, unless, it’s about our child. Her attorney is good, maybe he is going to suprise me with e.d. papers. Could this be?

Again, thank you so much.


#9

Dear James:

You cannot file for equitable distribution after the date of the divorce. If you have not received the papers, you can go to the courthouse and review the entire litigation file to ensure there is not an equitable distribution claim. If there is no equitable distribution claim and you are divorced, of course you can list your house for sale.

Did you send her a check yet? Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#10

Hello.

I owe a large amount of back child-support. I am now divorced, but have not paid child support (one child). I have been served with temporary child support papers. My ex-spouse’s lawyer is charging me for 19 months back child support. Do I have to pay this when I go to court for temporary child support or will I just have to start paying by the month? I do not have an attorney and the court I will be attending is not in my county. Can I just go to court along?

Thank you for your advise.