Child support and the new family

You can’t force the other mother to work.

I have been reading your posts and I agree with the other posters in that you need to just let the past go. You and your husband are working now. The courts will see that you’re making effort to repay the arrears. I suppose Unemployment wasn’t an option while he was out from being fired?

It sounds like you and your husband have just experienced a rough patch in your life together, and you’ve made it through and are getting back on your feet. If your husband makes an effort (with back-up evidence) in repaying his obligation, then I don’t see how any court would jail him. Your post sounds like he was in arrears for several months before the warrant was issued. Surely he was served with some paperwork or notice of arrears. Bottom line is it happened and you can’t change it, you can only try to fix it and move on.

Life may not seem fair. But it’s those times we are tested that make us stronger IF we approach it as a learning experience…not one filled with bitterness, anger and “how come SHE doesn’t have to” or “how come I have to…”, easier said than done-I know. BUT you are wasting precious time and adding undo stress by worrying about the ex. Concentrate on you, your husband and your child and it WILL get better.

The court will not “make” a parent work, however if they believe that a parent is suppressing their income in bad faith they can impute income to that parent as if they were working.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
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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.

My husband has one child outside our marriage, and we have one together. He tried to make payment arrangements to his other child mother outside the court, before me and him got married. The arrangements were working just fine untill she found out that we was getting married and that we was going to have a baby. Then she went to DSS to get a Work First Check every month. About 5 months later he was told that he had to pay child support and pay back all the money she got for Work First. When he started paying child support we both was working, but mid-way of my pregancy i got sick and had to stop working, because i was in and out of the hospital. Then my husband got fired because he miss to many days out of work in and out of the hospital with me.So we went to court to get his child support payment reduce, but the judge would not reduce it. The judge said because he got fired for missing to many days, than the child support stays the same. So he tried looking for work. But he was still getting behind in his child support. Then when he got to far behind they put warrent out for his arrest. Is it fair to my child to have to watch his father get arrestted. The mother of the other child has her own place to stay and a car and still recieves help from DSS. My family is being threaten to be kick out, light company sending cut-off notices and i cant even get help because the father lives at home. Where is the help for the familes that have the father in the home? So now my husband has another job, but it doesn’t pay the same as his first one and now I’m working to. The other mother isn’t working and refused to work because she wants to sit on her tale and get child support and help from the state, while my husband and me have to work our tales off to make ends meat. The system is just not right. Shouldn’t the other mother be made to work to?