You can set this matter for hearing on the issue of child support, or you can continue to send her checks on a monthly basis for the amount of support you believe you should be paying, just keep a record of the checks that you send.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
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
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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.
thanks for the info. We sent checks as originally set out in the separation agreement. She would never cash them. She held on to them. When asked about them, everything was ok with them. But checks went uncashed. She would never talk to us about it. She would only tell the child that her and his father hadn’t discussed the child support.
Here is my situation: my husband divorced his first wife. They had a separation agreement that covered child support, medical expences and clothing. The separation agreement was never incorporated into the divorce. He went by separation agreement until he had to take her to court in June 07. Their were 2 children born into the marriage. The first one is not his biological child and the second is. The ex-wife was keeping him from his child because he would not get the older child. The older child is severely autistic and has some violent tendencies. He told her that he could no longer handle him anymore due to his size and stength. He had also try to attack his son with me. He took her to court for keeping the younger child away from him because he wouldn’t agree to also get the older child. We made a petition for primary custody. She also made a order for child support. The child support was not addressed in court due to her not providing any evidence to her income. The judge stated that he could be heard at a later date or could be included in the current order if child support was not agreed upon. My husband provided his info about his income to his lawyer. She never did anything. No court ordered child support has ever been ordered. It has been over a year now and nothing has been done. Where does my husband stand on this? We tried to pay support to her directly but she would accept the checks but would never cash them. She is very hard to work with.