Back child support if no order in place


Dear nextex:

Greetings. The only issue heard at the divorce hearing, is the divorce. You can file a claim for child support and possibly equitable distribution and alimony. After filing the same, set those issues for hearing on a different date from the divorce. You need to file the claim for equitable distribution and alimony prior to the date of the divorce hearing, or you will lose those rights. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 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.


almost at the one year separation period; during that time I didn’t formalize child support because husband led me to believe that he was not making any money and relying on support from family; said he was afraid of going to jail if he couldn’t get the child support together; just found out he has been making $5-6K a month!; he has only given $250 in child support in the last 6 months and I actually loaned HIM money during that time period; could a judge consider this at the divorce?