I don’t want to bore you with the whole letter or Summons. But I received a letter saying the the Child Support AGENCY has filed a motion to stop payments towards the Arrears owed to a Civil Judgment. The cover letter, I guess its my workers attempt to explain that the statute of limitations is almost up to collect arrears and this is what is going to happen. I don’t trust my worker because of all the times I have been lied to in the past. In this letter she says ‘We ask the clerk began trying to collect arrears. This extends the life for another 10 years’. But on the summons its says the Agency asks for the arrears payment of $1,261.00 per month be terminated. States the 10 year statute, says something about a civil judgement against his real property. I don’t understand this, I’ve had many Judges tell him his Arrears will never go away. Also from what little I understand about Civil Judgements means my daughter will only get money if he sells something and I find out about it and tell the courts? Well he doesn’t own anything, It’s all in his wife’s name or her family’s name. My daughter is looking at Master programs to be a child psychologist, she needs her child support. He has recently filed for disability (Even though he works 1099) and I was praying this would mean she will finally get some sort of Child Support! Even if its $50.00 a month it something! What should I do? Sorry this is so long but I have gotten help from you before and have a bad history with this Agency who still refuses to get bank statements or 1099 etc.
Thank you for your help and all you do.
It is correct that the statute of limitations to collect child support arrears is ten years. You may be able to turn that into a civil judgment against the payor of child support.
Your child support agent should also be able to proceed with contempt (show cause) against the payor and seek to have him held in jail until he pays the full arrears.
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.
Thank you for the quick reply. He has been in jail many times and he owes $39,000. I wish they would keep him in jail longer than a week. So is a Civil judgement a Good thing? If the Judge grants it in January will the Child Support Agency still handle my case? Why are they trying to terminate his payments? I live in Davidson County NC if that makes any difference. Thank you!
CSE (child support enforcement) will not handle a civil judgment - that would be up to you to oversee. CSE can and will handle contempt proceedings.
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.
Hi again and thank you for your reply. My child support agent is the one who is doing this. SHE is dropping my case. I am really bad at explaining things but I did speak to her and she said she spoke to the CS lawyer for an hour and they thought it was best to do this since the jail won’t keep him in and the courts won’t let her hold him in contempt. I disagree of course. I don’t know what to do from here. From what I understand from my CSE worker is that they WON’T deal with my Child support that I have been fighting for since 1999.
Thank you