Child support not being paid

I would suggest filing through the state ( ) It costs about 25.00 to file… they take care of the enforcement and get it in court. They can garnish wages and withhold income taxes. You may not be able to get the back pay since it wasn’t filed through them, but you’d have a good place to start from. The back pay may be aquired through a civil lawsuit.

The only way to enforce the alimony provisions of the Agreement is to sue for Breach of Contract.

You can enforce child support by suing for breach of contract, or you may ask Child Support enforcement to pursue child support on your behalf.

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


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.

Is Suing for Breach of Contract the only way to start proceedings to receive child support and alimony when ex isn’t paying it? Separation agreement has a set amount to pay each month, but when he was supposed to start paying 3 months ago, he didn’t and I haven’t received a penny.