My fiancee has custody of his daughter, we were given custody of her last year in June. We did not know we had to go to court to turn off Child support, so it wasn’t being paid. If I pay the child support now will it be returned to us or should I not pay it and have him ask to have it waved?
The child support that was due under a valid order is still due, regardless of whether there was a change in custody, if the child support order was not also modified.
So if the father pays the past due child support, he will not get it back. If he doesn’t pay it, he could be held in contempt of court for violating a court order.
The child support order needs to be modified ASAP to reflect the change in custody. It is possible that the mother can agree to forgive the arrears, since the child has not been in her custody for a year now, but that will need to be clearly stated in the modified order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.