Child Support Arreages


#1

Generally, the court will order arrearages to be paid over a period of time, if the other party cannot afford to pay them up front. However, if the other party has the ability to pay the support upfront, the judge is likely to do that.

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.


#2

That would be the perfect solution but we all know that when it comes to dealing with some Ex’s its like pulling teeth, so if Child Support Enforcement Agency does not get cooperation from the ex after the judge has ruled on payment then whats happens.


#3

Of this I am an expert. I don’t know why your ex isn’t paying, but mine claims to have a medical condition that prevents working. (Intresting side note… his doctor threw him out of the office when he came in for more pain pills… most intresting is that he is using his internal medicaine doctor for a back/spine/nerve(?) problem) Anyway, My ex and I have court on Tuesday. It is the 4th appearance in about a year. The first time he didn’t show up for court, neither did he for the second time (a month later). He was then arrested and I recieved the 1500.00 bond he posted. The next time we were in court (three monts later) he hadn’t made one payment. The court ordered him to pay 200.00 within two weeks and then another 200.00 within the two weeks after that along with bringing a doctor’s note. He paid both on the last possible minute and brought the doctor’s note ( not from the doctor that threw him out). He has not paid one dime since. So far his only “penalty” was a night in jail. his arears are over 8000.00. He states that I am “out to get him”. He and our son are at an ocean front hotel in Wilmington as we speak. I wonder where he got the monty to pay for that if he’s too disabled to work, but not disabled enough to be on disability. I guess the bottom line is, just because the court orderd it; don’t count on getting anything more than they want to pay. My situation may be different because my ex doesn’t work, but the court system hasn’t done anything to make him work either. Also, they may set up an amount that is designated for arears payment every month. Mine is 20.00 a month. Maybe by the time my son is in college I might actually break even, but I’m not going to hold my breath. That brings up another question… If the child “ages out” of child support, what is the procedure on arears?


#4

So basicaly when it comes to child support its really about hoping and praying that the ex’s will do the right thing and if they don’t you’re just out of luck.So is that about how the system works?


#5

I would suppose most parents do actually pay. There are some who the threat of legal action will spur into payment. But the hard truth is you can’t get blood fom a turnip. And that sucks. I am just thankful I got out before the his ship sank.


#6

My support order stated that when the child turns 21(NYS) and the ex no longer has to pay basic child support for her then the ammount he had been paying would continue and it would deduct from arrears. He hasnt spent a night in jail or anything and he owed me over 14k that I had to continually have enforced.
Also, if a parent is not working then the judge can award child support based on the potential income of what they received at any former job.


#7

If your ex does not pay child support as ordered by the Judge. Child support will file a motion and order to show cause to enforce the order. If he still doesn’t pay, he can be put in jail, have his tax return seized, driver’s licenses, hunting license and fishing license revoked, passport cancelled, etc.

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.


#8

Thats all fine and dandy but while the court system is slowly persuing deadbeat moms and dads the child still suffers from financial support. I wish someone can give me a statistic of how many deadbeat parents are doing time for failing to adhear to a court order that delt with child support.


#9

When you Child Enfocement Agency involved and they go to court on your behalf to enforce child support and arreages, do you recieve those fund in one big payment as well as the monthly child support or or does the arreages comes in installments that will be incorporated in the monthlt child support? and how long will the court give the ex a deadline to pay?