Arrears Judgement

North Carolina Divorce Law Divorce and Separation Answers
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Is it possible that the amount of child support ordered included a provision to repay the arrears and the amount was increased because of that?

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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

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780

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Background:
Since our divorce in 2004, I have not received child support payment and my ex has been elusive making any payments because he is self-employed. The order was made for him to make monthly payments of $375 per month and half of the medical bills, after insurance. The arrears are in the amount of $14,500, which is 6 months short due to his pancreatitis illness. He is well and able to work, but as of 2008, I’ve received $425, which is pitiful, to say the least.

Judgment:
There was a temporary judgment of $xxx per month, which also erased my arrears amount to $0. I don’t believe this could have happen, but it did. The judge wasn’t in the correct frame of mind, because during the morning of my court date, the judge’s mother fell and broke her hip. The judge was apprehensive and seems to rush all the cases brought to him. He let the court know that he had to leave before noon in order to visit his mother in the hospital, which was told to the Child Support Enforcement attorney.

Question:
Although the courts haven’t given the final judgment until December, regarding the arrears; do I have a case to appeal; should the judge make his temporary judgment a final ruling?

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