Child Support and divorce

Child support: The fact that your spouse will not let you see or talk to your kids is irrelevant to paying child support. Completely separate issues. Take her to court and make her let you see them.

If you don’t have a formal, in writing, to pay child support and you don’t pay a anything then eventually (after custody is agreed to/awarded) you will be forced to pay back child support, agreement or not. So I guess the bottom line is you will pay it now or you will pay it later. You will never see anybody say “you don’t have to pay if you can’t see your kids”.

  • You don’t say whether you have a court order or not, for visitation and support. I’m not too sure how things are handled in absence of an order, but if an order exists, visitation and support are separate things, and visitiation may NOT be withheld for failure to pay support.
  • Since you live in VA and your STBX lives in NC, you can choose to follow the NC procedures, or, if workable, you can follow the VA procedures, whatever they are.

If your Wife just moved to North Carolina and has not been here six months, then Virginia would have jurisdiction over the custody case. I am not licensed in Virginia and I cannot tell you what the law would do there. In North Carolina child support is not dependent on visitation and must be paid even if she is denying visitation. Your best option would be to consult an attorney and file a lawsuit for custody if she is denying visitation.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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I have been legal separated from my wife since December 2007 and plan on getting a divorce. My ex lives in North Carolina and I live in Virginia, my question is, since I am a resident of Virginia do I still have to go by the North Carolina divorce process of waiting one year before filing for a divorce. We also agree that I would get visitation rights with the children that we both would agree on a time and place, when I could visit with the kids and I agree to pay 500.00 for the kids. Well my ex refused to let me speak or even see the kids as we agreed on and I refused to pay for the child support until I can see my kids. Now my other question is that one of the kids actually lives with her parents and been living there for the past year even when we was married so do I have to pay her for his care even when he