Child support taking forver


#1

I can tell you that the wheels do seem to turn very slowly. We filed for a modification of support a few years ago. The case was finally heard about 2 months later and the modification didn’t occur for another 8 weeks.


#2

The process is slow depending on the County you filed in but keep buggining them.


#3

Can you tell me what specifically you are waiting on?

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.


#4

our child support was OFFICIALLY COURT ORDERED. and I waited for it to go thru the courthouse etc, and never heard or saw of anything, well I called them and they said it hadn’t been processed 2 months after we went to court & had it finalized! I just found out from my X husband that the 1st wage withholding DID come out of his check this past week. SOOO…now maybe we are back on track, but not to forget the PAPERWORK sit on the clerks desk for 2 1/2 months untouched!!! The issue I have now is he is threatening taking me back to court for modification to ave it lowered, and/or quitting his job…I am SICK of this process…my son is only 4, and I CANNOT see going thru this EVERY time I turn around for 14 years!!!


#5

Do not let your ex-husband’s threats bother you…they are just that. He can try and file for modification of support but unless circumstances change ( he loses his job,significant change in income, insurance, custody increases decreases) and it would result in a change in support of great than 15% it won’t happen.


#6

Well, thankx for the advice, but let me ask this what happens if he QUITS his job? What will happen with the c/s then? and I do not have this c/s set up thru Social Services. I have had some people close to me mention taking the case to SS and letting them handle it all. What do you recommend?


#7

how did you get withholding from his paycheck whithout going through the CSE? (child support enforcement)www.ncchildsupport.com

Once child support is established through the court, even if he is unemployed he cannot stop the support without filing a motion to reduce child support. If he quit and is able to work, the judge will not likely reduce child support. That being said, my ex hasn’t paid consistantly… ever. He doesn’t work… supposed back problems. The judge had upheld his responsibilities mostly because my ex had done nothing to help his situation. My ex is almost 10000.00 behind in child support at this time and although we have been in and out of court, he has only spent a few days in jail over it. He’s had an order for arrest as recently as the 8th of this month… then he’ll comply and on and on. Do not depend on this money… if your ex refuses to pay, there really isn;t a whole lot you can do about it. Not in a short term anyway. He will not be able to hold a legit job w/o having it withheld from his pay, he could spend time in jail, loose his license, his passport , his income tax return ( but if he’s not working there is not refund), but the wheels on the child support wagn turn very slowly for those parents who refuse to work a legit job.


#8

I had the wage witholding done thru the court system. I hired a lawer etc. We actually went to court over this and ended up settling over a lessor amount than the state recommened b/c we agreed to have 3 unconsecutve visiting weeks thru the summer. He wanted the whole summer, and I said no, and agreed to a lessor amt. of child support, it was supposed to be 941, and I settled for 725 a month, and it was court ordered. and this has been a LOOOOONG drawn out process with me even getting it that way! and now he’s threatening quitting his job, which means I will have to hire a lawyer again or go thru my local Social Services office to save me from having to hire a lawyer again!!! I have a VERY VERY VERY messed up X…he takes EVERYTHING to the extreme…and I just cannot see going thru this everytime I turn around…our son is inly 4…so does this mean I have 14 more years of this!!!


#9

To avoid having to get a new lawyer and such… contanct CSE. It is a state office dedicated to child support enforcement. If you have an order, they may be able to just take over the case and enforce it… they do all the court dated, warrants, bookkeeping on payments made. I am not sure how it would work with an exsisting order, but this is what they do… they know the ins and outs of keeping a parent’s sanity while trying to make the other parent live up to their responsibilities. I LOVE my caseworker. I have had to call a few times and say …“ummmm, Ex hasn’t paid in over three months”, then they’re Johnny on the spot about setting up a court date and supenoaing him for court. Like I said though… it is a process. If your ex continues to behave as he is now… then yes, you will have 14 more years of this. I’ve been on this merry go round for over two years. I see my son going to college before I even get a fraction of the support my son deserves.


#10

It is unlikely he will be successful in taking you back to court only five months after your previous modification. Even if he did take you back to court, the delays by the clerk’s office would not impact whether or not he could modify the support amount. I am sorry the process has been so frustrating to you.

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.


#11

Can someone please tell me how long it usually takes for child support/wage withholding to take effect. Our child support was handled thru the court system back in NOVEMBER, and it has YET to be “processed”. Can anyone enlighten me on this? I finally got tired of waiting on this matter to be taken care of, and assumed that my lawyer was gonna “handle” it and I THOUGHT it had been taken care of since we had been to court etc. WELL, WELL, I called last week to the Clerk of Court, and she tells me that it “SLIPPED THRU THE CRACKS” and HAD NOT been processed. Can someone please enlighten me on this process, b/c I am REALLY REALLY fuming over this!!!