Child Support and More!


#1

Your obligation to support other children will be considered by the judge and is taken into account in the child support worksheets. You can be ordered to pay back child support based on the amount determined by the child support guidelines worksheet; however, for periods of time predating the complaint for child support, you can only be required to pay your portion of support actually expended for the child by the custodial parent. If neither party makes a claim for property division, the absolute divorce will cut off both your right to pursue that claim in court.

Lara Stanford Davis
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

Thank you for your answer to my post. However, I don’t understand what you are stating about" periods of time predating the complaint for child support". Does this mean that I will ONLY be required to pay MY portion of child support that my spouse has already paid, to support our child for 16 months? How will the courts determine this? I heard from the grape-vine ,that in the county where my spouse filed for divorce and custody, that the judges do not consider that there are other children that I have to support. Is this a NC law that judges have to abide by? I do appreciate your answers. Thanks!


#3

Dear Worried,

What Ms. Davis was referring to was if your spouse files an action for “retroactive” child support, she has to show what her actual expenses were on behalf of the child prior to the date when she filed her action. If she cannot provide evidence of her actual expenses during that time period since the date of separation until the date she filed the action, the court might not award retroactive support. You will be obligated to pay child support until your child turns 18 and graduates from high school. The retroactive support, if awarded, will probably be added to whatever your guideline support amount would be. You could appeal the decision, you really should make your arguments clear to the judge at the trial.

You cannot give up your parental rights on your own. Your wife or a third party would have to petition the court to have your rights terminated. The courts don’t allow this because it would make it too easy for people to get out of their child support obligations. If your spouse did not ask for a property distribution, but you feel one is necessary (especially if there are joint debts that need to be distributed) you need to counterclaim for equitable distribution.

Yes, the court can consider your pre-existing child support obligations when determining your new obligation.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@rosen.com

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.


#4

Thank you for answering my last post. I ask if I would have to pay child support for back months. We have been separated for 16 months, our divorce is coming to a close very soon. My spouse has filed for divorce and custody of our child. I am not contesting this. However, when you answered my last post you stated that I may have to pay child support back to day of separation. If I do have to pay this,it is going to run into thousands of dollars. Could you please tell me how long, once this goes to the court, that I have to pay. Can I appeal this, to give me more time? Also, if I give up my rights to this child, do I still have to pay back-time? Boy, have I got myself into financial trouble by waiting to long. Also, my spouse didn"t ask for property-dist. in her papers when she filed for divorce. Can the judge still award this? There is a house and vehicle involved here. I have custody of two children by my first marriage that I have to support. Will the judge consider this in making his decisions? Thanks so much for your help!!