Child support


#1

After fighting for 8 years and finally realizing that the court system doesn’t care about fathers, fathers rights or involvement I gave up my parental rights as my child wanted their step parent to adopt them. The adoption went through several months ago, yet I am still paying child support as its coming out of my check. my ex wont provide the adoption paperwork until i agree to pay 5K in medical bills that shes allowed to accumulate over several years. our order mandates she is to provide me with receipts on a quarterly basis, she has not. she also trying to go back to years i have receipts for and I don’t believe shes using the correct payment ratio (I pay less % because I make less than she does). Child support says they can’t come after me for medical because she didn’t abide by the order, she waited to long and there was a new law passed that they don’t get involved in medical support. however, how can they legally still garnish my wages for child support for children that aren’t mine? I owed 2K in arrears, my order states that I pay $125 towards the arrears every month but they’re still taking out the full amount of child supprt plus arrears they say since my ex is refusing to give them the adoption paperwork that they’re holding onto the child support and not releasing it to her. how can this legally still be going on? how can they legally still garnish my check for the full amount of child support? We have a court date at the end of the month. I would like to know what to expect. Will I be reimbursed for all the overpayments?
thanks for your help!


#2

CSE won’t terminate a child support wage garnishment simply on your word that the child has been adopted. They need to see the paperwork. I would file a motion for order to show cause, demanding that she provide the adoption paperwork. The judge can compel her to provide you with the adoption paperwork. At your hearing this month the judge will issue a new order on child support, reflective of the fact that your child has been legally adopted. The judge may order reimbursement if child support has been garnishing wages after the legal adoption.


#3
  1. Is there a statue of limitation regarding how long a CP can hold onto medical receipts before submitting them to the NCP for reimbursement? For example can mom hold all 2011, 2012, 2013, and 2014 receipts and expect dad to pay her one lump sum?

  2. Are braces considered to be cosmetic, medically necessry? Do both parents have to agree to that expense?

  3. Can the CP submit statements of bills that state “this is not a bill” for reimbursement? How do you know whats really been paid, its not an actual receipt.

thanks!


#4

The statute of limitations allows claims for retroactive support to extend no further than three (3) years prior to the date of filing of the support action. A recent NC Court of Appeals decision states specifically: “Retroactive child support payments are only recoverable for the amounts actually expended on the child’s behalf during the relevant period. Therefore, a party seeking retroactive child support must present sufficient evidence of past expenditures made on behalf of the child and evidence that such expenditures were reasonably necessary.” Ultimately it would be up to the judge to decide if the braces were reasonably necessary, and also whether to accept a statement rather a true receipt.