Back Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

I recently went to court for child support…FINALLY. I filed in October, 2007 and the case was JUST heard a couple weeks ago. My first question is how long does it take for the judge to issue her ruling? The longer it takes, the more debt I’m accumulating because my ex refuses to pay ANYTHING.

Also, what is the process for filing for back child support? My attorney keeps saying that she’ll file, but it’s taking entirely too long. Something has to give! I’ve been paying ALL daycare expenses for my daughter since September, 2007 with only periodic contributions from my ex. Every now & then he’ll send a check for whatever amount he deems is fit, and then I’ll go for MONTHS without anything. This is draining my budget. Will it take just as long to get back child support as it did to have child support ruled on? And I’m STILL waiting for that ruling.

2

Judges typically issue their rulings with in a week or two, if not at the hearing. I am curious as to why your attorney did not schedule a hearing for temporary child support soon after you filed.
If you filed your claim back in October of 2007 and asked for retroactive support in your complaint the judge should award the same in the ruling. Your ex will likely be ordered to pay the retroactive support in addition to monthly support…

3

I did not ask for retroactive support in that complaint as I thought that the hearing would be shortly after. Does that mean that I have to file a separate complaint for the back child support?

4

A judge may order retroactive support from the date of filing.