Almost there! Child support question, 3 months till 18


#1

I live in NC. My ex (of 23 years) and I had no separation agreements, never stepped a foot in a courtroom or been in front of a judge, we did a simple divorce filing at the courthouse and it was just done. There is no child support, custody, or any agreements filed.

Child support has always been mutually agreed on and I have always paid (maybe not on the exact day it was “due” but within a week or so). Over the years (divorce was final 2011), she has raised it or lowered it based on how she was feeling at that time.

My child turns 18 this November (3 months from now) and now she is asking for $750 (she told me $500 for the last year or so), plus back amounts based on this new “guesstimate”, back medical expenses, wants me to pay for college, half of a car, etc.

She also said that she wants the amount to be awarded based on my overtime and annual bonus. These two items fluctuate greatly. It could be zero overtime one month, 20 hours of OT the next but it is never consistent or guaranteed.

Q: Can she get back child support amounts based on what I make today?
I have it in email that the amounts I paid is what she asked for and an email that states “No I’m pretty sure we are gtg.” When I asked if I was paid up to date.
Q: Can she get me for not having medical coverage.
I had medical coverage on my child but since it was from the same carrier and it proved zero benefit to either of us, SHE stated that I did not have to have medical coverage but wanted me to continue dental, which I have.
Q: Can she ask me to pay all back medical expenses since the divorce?
I’ve paid here and there for medical but I have zero proof or receipts.
Q: Will the courts award amounts based on a sporadic salary based on overtime and bonuses or just the base.
Again, I am not guaranteed overtime or an end of year bonus.
Q: Can she force me to pay for college?
Q: Can she force me to buy her a car?
Q: How can the courts determine how much I am to pay if there is no custody or legal records or established visitation?
Q: Since there has been no records or court interaction, how can they determine back support, back medical, back anything? Would this not be just hearsay and her word against mine?

Again,:
There has been NO child support filed, it has been mutual agreements
There has been NO custody established by the courts but she has lived with her


#2

She cannot apply what you currently make to past payments.
If you do not have an agreement that requires you to carry your child’s medical insurance, she cannot force you to do so.
The court calculates child support based on your monthly gross income, a judge will consider overtime and bonuses.
She cannot force you to pay for college, nor can she force you to buy her a car.

A good resource for you to use would be our child support calculator: rosen.com/childcalculator/

Spend some time on our website looking at our articles and FAQ’s regarding child support - we have a wealth of information about child support that you will find helpful.