Unless you both make the exact same amount of money and split time with the child evenly then yes one parent would be entitled to child support. If you have tried everything possible to resolve the issue with the father I suggest contacting the Child support agency or DSS. They can represent you if it’s necessary to go to court for this and going through the state would be relatively less expensive than hiring an attorney and trying to sue. Mediation is not to settle support issues.
I do suggest that you try to work out everything you can though. Once child support goes into the state’s hand it’s very difficult to get them out of the picture. I have read of quite a few parents agreeing to something specifically because they believe that if they have an agreement, the other parent will pick up the slack and eventually they will end up not having to be finacially responsible. The problem comes in when/if the parent is honestly trying to be responsible and simply can not make the money necessary. The courts or state only see that they have not paid what they are supposed to and it ends up in court.
You do have the right to child support. Your statement that you would not pursue child support is not legally binding. If you cannot afford to hire an attorney to represent you in the pursuit of child support, you can contact North Carolina Child Support Enforcement at www.ncchildsupport.com. You can find out what child support you are entitled to by running the NC Child Support Guideline calculator on our website. If your income differental entitles you to child support, it will be awarded.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
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Chapel Hill, NC 27514
(919) 321.0780
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Hello and thanks to all who consider my question.
I divorced in Febuary and the ex spouse and I have one child.
Ex spouse and I made a parenting agreement through the court system requarding visitation and custody issues.
Basically when son starts kindergarden, he is in my care full time. (Until this point, we have shared weekly care responsibility and a grandparent watches him on the weekend to permit us to work full-time.) His father can see him on alternating weekends, x-mas every other year, a handful of other minor holidays and two weeks in the summer. I have the major decision making ability with regards to education and major medical decisions. I DID NOT in any way bar his father from making requests to see him every weekend or more in the summer. This was HIS choice. I’d like to point out that father only agreed to parenting arrangement so that I would not “go after child support.” This statement was not said in the mediation period in front of the mediator. Only as an aside away from the mediation office. I agreed to “not go after him,” but now feel as though his lack of parental support is inevitable. For example, I requested money for his dental visit and school physical and was met with the response, “I just don’t know how my money is going to go.” I did eventually receive $100, but not enough for at least half of these expenses or money for school clothes and supplies.
My questions are the following;
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Do I have the right to child support? I only verbally agreed nothing was put on paper, and the mediator flat out refused to deal with monetary issues.
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What is the best way to pursue this issue if I am to proceed?
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What are my chances of being awarded support?
Thank you for your time.