Child Support!


#1

Dear Clay:

Greetings. Yes, the court may make you pay the two months you owe that day or go to jail. The court is not likely to make you pay the $8,000.00 that you are in arrears at the hearing.

Next, you need to do everything in your power to pay your child support. Child support is for your child, not your ex. Raising a child is expensive and you have to contribute what the court demands to the pot to help your child have everything he/she needs. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#2

Thank you so much for the time you took to answer my questions.

I did have an attorney, however the attorney withdrew from my case. Can I request a court appointed attorney for the child support? Is there a limit on how much a person makes, money wise that is, to get a court appointed attorney? I really make good money, however, I have two other children that live with me, that I have to support.

Now, if I go to the courts in that county and pay the two months that I owe, will I still have to go to court on the date that is already set?

Thank you.


#3

Dear Clay:

Greetings. These other two children, are they biologically yours or adopted by you and did you include them in the child support worksheet?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#4

Thank you.

Yes, these are my children by a previous marriage. Yes, they were included in the child support worksheet.

Thanks.


#5

Dear Clay:

Greetings again. You may request an attorney for child support hearings when the court is asking to hold you in contempt for not paying. I would always try to ask for an attorney. At the minimum, it may provide you with more time to find a second job to help with your expenses.

Generally child support cannot be more than 40% of the person’s income. When there are arrearages (money you have not paid), that average may change.

I would go ahead and pay, but yes you will still have to go, although if you can show you paid, it should make for a very short day in court for you. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#6

Thank you so much for your advise.

What do you mean when you stated by having an attorney, that it may give me more time? Are you saying that I may not have to pay the two months I owe on the court date? Thank you for explaining this. Also, don’t I have to pay a court appointed attorney?

Thanks.


#7

Dear Clay:

Greetings. I am saying that generally you cannot meet with your court appointed attorney on the day of trial, therefore you are usually granted a continuance…which in turn would give you slightly more time to work out your financial situation. You should not count on this though.

Yes, court appointed attorneys are usually paid a “nominal” fee, such as $200 or $300 dollars per case. This may not fee nominal to you, but most people pay $1000.00 or more for representation in a child support hearing. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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.


#8

Thank you for all your advise. It is very helpful.

I will keep you posted as to what happens in court.

Thanks.


#9

Hi;

I have only been ordered to pay child support for the last couple of months. I have only sent like half payments to the child support agency in Raleigh. Now, the county that issued the child support, is taking me to court in a few days. My next months payment is due two days before I go to court, do you think the courts will make me pay the two months that I owe, that day? Also, I have like $8,000.00 in arrears, do you think the court could make me pay all this, because I have not gone by the court order? The arrears came about because I had not seen my child or supported my child for 2 years prior to the orders. I was to pay a small amount on these arrears each month.

Thank you for any advise.