Child support


#1

Child support and divorce are two separate issues with the court. File for child support and file for divorce. The divorce will go through 30-45 days after the ex is served. You may have to schedule a hearing if there is no response from the ex but it should take no longer than that. The child support will go by the child support calculator on the home page of this web site. If you file for child support and figure the number of overnights the children are with you you will be able to see how much your ex should be paying in CS.


#2

THANK YOU SO MUCH.


#3

One other question. In filing the child support order. Is that done through the court or through the child support enforcement agency?


#4

I think you have to file with the courts or you could contact DSS in the county you live in and see what they suggest is the first step. I would think that you will have a better chance if child support is court ordered…but I’ve never actually filed for child support so I don’t know how the process starts if you are not already receiving it.


#5

Do you have legal custody or was there an agreement on who will take the kids, ?, Do you allow him to see his children at all if so what stipulation have you put on his visits(if there are any).


#6

we have a separation agreement an I have custody of the kids. He has visitation, but chooses not to see them.


#7

Ayanna,

Child support should be covered in your separation agreement. If it is not and your ex refused to pay then I would advise you to contact an attorney to file an action for child support, or to contact the child support enforcement agency in your county.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#8

In 2000 the courts said I had to pay $693 per month and 1/2 of medical with the salary I was earning. I have been working in Europe since Nov. 2003 and I have a monthly $6000 tax free salary. So her lawyer told her back then that I have to pay $1393 in child support. Starting 7 months ago I started paying $409 for insurance on my two children, a total of $1802 that I am paying now. When I am home in the USA I get my children 25 days out of the 35 days when I am there. During those times I buy my children food, clothes, haircuts, and the necessities that they need, which is not an issue. Now I am married again and support my children and my wife’s 2 children. My ex-wife is currently working part-time which I am guessing is approx. $2100 a month and has refused to tell me her salary and she is going to school full-time in which her parents are paying for. My ex-wife has a boyfriend/fiance living with her and my two children and supposedly he makes very good money. Now with this information could I get my child support payment reduced. I have not in the last 6 years missed a payment and have paid her more when she needed it. Your help will be greatly appreciated. Thanks

rotis


#9

Dear kosovo_rob:

Greetings. I am not clear on when your child support was set by the court last? If it was in 2000, or even 2003, then you can file a motion with the court to have your child support modified. However, you may not like the result - as I suspect your child support may increase.

If you support your wife’s two children, and they are not yours biologically, that is not taken into account as they are legally not your obligation.

Your ex’s live in boyfriend is not an issue either - as your children are not legally his obligation.

Look at the child support calculator. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

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 but a full discussion with an attorney should be undertaken before taking any action.


#10

I have been seperated a year. I want to file for divorce. I have 2 children that my ex is not supporting financially. How do i need to proceed with the divorce papers with the issue with child support? I have custody of the children, he does not get them for visitation. They are with me at all times. We are not arguing over any property. I just want the divorce and for him to pay child support. Please give me some advise. Thanks.