Child Support Issue


#1

What I have heard about voluntary overpayment is that was nice of you but it’s not going to get you anywhere in court. Meanwhile voluntary UNDER payment would be a much bigger deal. I would consult with a lawyer in NC. As far as the car and the insurance, unless you have something written into your separation agreement you don’t have to pay anything for the car or insurance. I saw though that the child support guidelines in NC changed as of Oct 1 so be sure and run the calculator.


#2

BE WARNED!!! Once that order is registered in N.C., you’re stuck with it. My ex-attorney had my order registered in N.C. from another state. What he forgot to tell me was, even though the order was originally obtained by my ex under false pretenses, from a state that did not have jurisdiction, and by intentionally misleading the court, AND was later dismissed by the originating state, N.C. Still considers it a valid order. Know all the repercussions of registering the order before you do so.


#3

Not too worried about the car situation.

My main concern right now is if I’m right in assuming that NC law would prevail if I registered the order in NC. By doing so, would, in fact, the child support payments stop at 18 or 21?


#4

Dear NC Dad:

Greetings. Yes, you should register the order immediately. You should also make a motion to modify if you have overpaid. 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.


#5

I was divorced in NY in 1990. My original decree says “Child support will continue until minor child reaches age 21 or is sooner emancipated.” By ex moved to NC in 1993 or so, I moved here in 2003. My son is soon to be 18.

My question is, is it in my best intrest to register the order in NC? My thinking is yes, because under NC law, I’m only obligated to pay child support until age 18. I’m also thinking that under the current wording of “Sooner emancipated” that that is universal and since NC can claim CEJ, that I’m done at age 18. Is my line of thinking correct or not?

Also, I’ve been overpaying since 1999 at least, and to date have over 13K in over payments. All voluntary, my court order was for $112-biweekly, but have been paying $190-biweekly since at least 1999. Ex got greedy because I wouldn’t help pay for a new 2006 Eclipse along with insurance for our son and started “the game” so I’m looking at alternative leverage.