I would not mess with or ignore a court order without contacting a lawyer for advice. If you overpay they will reimburse you but you have to make sure that you request this.
I’ve had a relative go through this same thing. He paid child support based upon an agreed amount, not through court order. Unfortunately, he always paid her cash or helped her in other ways. When her kids turned 18, she turned it over to the courts saying he hasn’t paid any support in 18 years. Because he had no way of proving it, and he refused to pay anything ordered, he was eventually arrested by the federal government, put in jail, and is now out on probation. He still isn’t paying, but has established a disability that “prevents him from working” so he isn’t required to pay at the moment. If your husband has been paying, ensure he is able to prove that he’s been paying outside an order.
Dear tinkerbellts:
Greetings. I am sorry, but I cannot advise you on Ohio law. If there is an action in Ohio for support, then NC will enforce that order. If Ohio calls for support to be paid until the child is older then NC will enforce the order even if that is not our law. I hope that helps. 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
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 received a civil summons to establish child support in NC for his 18 yr old daughter in OH; she graduates high school in May 2007. He currently pays and has paid child support directly to the ex per agreed upon amount though NOT through a support order.
- Why is the Support enforcement agency pursuing this when she’s completely aged out and “schooled out” in 4 months?
- Both my husband and I have talked to the SEA - we get conflicting reports on whether to continue to pay the agreed upon amount until this is resolved. One person says - keep paying; the other says any payment will NOT be applied when the order is establsihed.
Help!