Dear straightarrow:

Greetings. File a motion and order to show cause against him immediately and don’t keep sleeping on your legal rights. Yes, the court may award you more child support, etc., but sleeping on your rights (not enforcing the order) to get something else is an extremely bad idea and likely designed to make you lose more in the long run. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


My Separation Agreement was incorporated into the Divorce Agreement and I have been divorced for 18 months. My EX and I have joint custody and he has visitation every other weekend, two weeks out of the summer, spring break, and selected holidays according to an even number year or odd year.

He has failed in the last 9 months to comply by the visitation agreement and alimony. He has visited with the children a total of 5 days in 8 months. He only recently started seeing my children once a month and this started two months ago. (one weekend out of the month) (I have 3 children)

He is also responsible to provide Health coverage for my children, which he is not doing. I had to apply for assistance through the state so my children have medical coverage.

On top of that, he owes me Alimony for 9 months and refuses to pay me. I am unemployed right because I am trying to finish up my BA degree so I can better myself, so I can provide adequate support for my children after I graduate.

My question is, because he does not take my children as scheduled, and does not pay me alimony any longer, can the court award me more child support because they are with me longer than how it was calculated when the Agreement was signed? Also, how can I enforce him to pay me Alimony. Can I go to small claims court? My divorce was granted in another county, do I have to go to that court for this? I am very curious as to handle this situation.