Dear Fairiedust:
Greetings. Let me try to answer your questions the best I can:
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Since you are unmarried, you will need to speak with an attorney about dividing your joint property. You will most likely need to file an action to get the title transferred into your name if he is unwilling to transfer the title.
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You can obtain the $1,633.20 from him through filing a Motion and Order to Show Cause, but since CSE (Child Support Enforcement) is helping you, they will need to file the motion. This motion will ask the court to hold him in contempt.
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A child is not considered emancipated until the process for emancipation is filed. Best of luck!
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.
.)Since I have limited income, do you know for sure if Legal Aid would help me with this?
2.)CSE will not go after the 1633.20 since it was originally thru the clerk of courts office. At least thats what they told me. In their words, that money was adjudicated and until he became extremely behind with them, then and only then would that money come into play and would then go to court to hold him in contempt.
3.) So even if my son drops out of school, you’re telling me that in the state of NC his father will still have to pay child support???
Merry
Dear Fairiedust:
Greetings. Here are my answers:
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Legal Aid will not assist people with domestic matters. You will need to save up and retain your own attorney.
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You can file your own Motion to Show Cause, asking the court to hold him in contempt for not paying this sum. First, I would send him a letter and let him know that you are planning to file against him if he does not pay, give him a deadline that is reasonable for paying you, and then attach the letter to the order.
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Unless your separation agreement or court order says something different or your son becomes emancipated, you should still receive child support for him. Best of luck
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.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.
Thank you so much for all your assistance and help.
Will be looking into filing that Motion.
Merry
mother and father, unmarried, have one child, seperate due to domestic violence, get restraining order, support and custody of said child, who age 12 at the time.
Absent father is 1633.20 behind in child support thru the clerk of courts office, case is transferred to CSE at mother’s request in order to locate and serve the father. Since the case was transferred, the 1633 dollars was adjudicated and is not being enforced thru CSE.
Also, mother and father own a mobile home jointly, with no land attached(personal property). Mother has maintained said home, paid it off, paid all the taxes and made repairs etc.
How does the mother get the 1600 dollars that he is behind and how does she get the fathe to sign off of the title to the trailer?
Also, If said child turns 16 and drops out of school, is he considered emanicipated even though he has no job and is still living under his mother’s care?