Amount in excess - child support

Your Husband will be responsible for the payment of the full amount of child support. If they are not able to get the amount needed through wage with-holdings, then they can pursue him in court for non payment. He should contact them and set up a system to deal with the times when there are insufficient funds to be deducted.

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

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

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 husband’s child support is based on his annual income but as he is in sales it can vary widely from month to month depending on commissions. The cs is automatically deducted from his pay but if his pay is too low they cannot deduct all of it so his ex-wife sometimes only gets 1/2 or 2/3rd’s of the cs amount. This situation may go on for a month or more at a time. Does the system eventually “catch up” and will we be sent a bill or is this just regarded as the reality of his income and left alone?