Child support and visitation


#1

Dear jumponhangon:

Greetings. Yes, of course child support laws still apply. Even if someone uses the child support for something else, it still must be paid. Good luck.

Janet L. Fritts
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

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#2

my question was should he have to pay the whole 100% of the obligation. i know he will have to pay his child support but why should he have to pay the whole 100% because some dumbass decided that if a woman is caring for a child under the age of three they should not have to work. and to a woman that decides that just living at home with her mama and taking care of a son that she should not have to work…

Connie Hall


#3

I’m sure the ‘dumbass’ at the agency wouldn’t tell him a lie. Is this child one from marriage or out of wedlock? The support sheet from NC is accurate when filled in correctly. If the mom doesn’t work and is living at home with her mom, then that is her choice. You can’t make her work. Being a mom of 4 I understand not wanting to work when my child was very young. Once the child is older, if she wants to be self-supporting, then she’ll get a job. If not, she will continue as she is. She is taking care of her child. Some folks don’t care that their child support is being used for other things-that just goes to show the intergrity they have. A lesson learned on his part, I suppose.


#4

I can’t believe someone would take advantage of “the system”! ( yes, that was sarcasm.) Unfortunately, he’s going to be stuck with the whole child support amount. The ironic thing here is since mom will be getting an income, tax free for the next 15-18 years, she will have no incentive to get off her butt and look for a job or take responsibility for herself. Welcome to the new socialism. The only way that “dad” will be able to reduce the amount is to make sure he has as much visitation as possible. The overnights spent with dad will reduce the payments. Other than that, he’s a male and has a 70-90% chance of getting hosed in the courtroom.

www.f4j.com - Children need Fathers too.


#5

Dear jumponhangon:

Greetings. Yes, if the child support guidelines tack him with 100% of the obligation while the child is under 3, then he is responsible for that entire amount. Thank you.

Janet L. Fritts
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

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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.


#6

that doesnt seem fair. all this is saying is go ahead and sit on your butt for three years and let someone else take care of all that needs to be done. looks like to me they would want the mother to have a job instead of living of the county… oh yeah she is on the county too… she has never worked… so what happens at the end of the three years… she has no education no higher than the 8th grade… she has never worked… so the most she is going to be getting will be mini wage. so it still going to leave the other carring the majority of the obligation. grant you he should have know better than to be sticking his mess around someone like that but… she doesnt let him see the child except only on her terms… he cant leave her house with the child and she has to be right there…
can he not take her to court and get some kinda visitation …

Connie Hall


#7

mom of 4 kids…
i understand that too… i do have a daughter… but i worked because i didnt want to have to live off the county or live off a man. that is no example to show your kids. kids need to be taught that you have to work for what you get…
so… to let you know… this woman lives with her mother because she has no education to get a decent job… she has no ambition to get a job and i really dont foresee her getting a job when he does turn three… so why should the father be made to pay for what she want do…

Connie Hall


#8

If the child is over the age of three and she has never worked then she will be imputed minimum wage when calculating child support.

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#9

If he wants to see his child, then he most certainly can and not necessarily on HER terms. But he’ll have to go to court to do so. Techinically, he should have equal access to the child, but if the relationship with the Mom is bad, then that carries out to the child too.

Like many other scenarios I’ve read here…if you make a baby with someone that does not work (either by choice or not), then you will be the primary provider for the child and/or mother (if you’re married to her). If you are paying child support, then I would urge you to proceed with getting a liberal visitation for the child.


#10

I’m new to the state and just starting with the custody system here, but can’t this man request to ‘deviate’ from the guidelines because she lives with her momma and has no expenses for rent and things? Or is it just too hard to get one granted in this state??? I know it would mean going back to court, but it might be worth it?


#11

Do you think that would work.
im serious this woman is nothing but trash. she will tell you that. she doesnt do anything she saids that staying and looking after her mama and her baby are her jobs…

Connie Hall


#12

never got a reply to the last question

Connie Hall


#13

Yes, you can file a motion to deviate from the guidelines, but the facts you have mentioned are not ones that a court usually uses when deciding to deviate from the guidelines.

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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#14

if a woman lives at home with her mother, doesnt work, never has does child support laws still apply. i have a friend who has a child with a woman who does not work and lives home with her mother has not bills and lives with her mother for free. he has been to the child support agency and they have told him that because the child is under 3 she is not required to work or have an income. and that he is responsible for the whole 100% of the child support obligation which is around $750 a month… qustion… if she isnt proving the home or any of the utilites or food does he still have to pay this full amount… he wants to take care of his son but he feels that she is taking advantage of the situation. 'child support is suppose to be for the child to prove a place to live, heat , food , and clothing… she doesnt have to prove this for him someone else is…

Connie Hall