Was the child support in a separate agreement, part of the separation agreement and property settlement?
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
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) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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In August 2007, my child’s mother and I settled out of court (both had attorneys) on child custody and support. I went to the courthouse the other day to get record of the child support agreement and the custody order and found that somehow, the support order was never recorded in the court system. I have been paying $425 a month directly to the mother and have receipts since August 2007.
After reviewing the custody order, I realize that my attorney did me a diservice. It is my understanding that Joint custody is 123 days or more a year, and I have 130, but it is listed as Primary custody to the mother. The mother also working part-time and did not submit her proof of wages, so I really don’t understand how the calculation was made, but obviously the combination of joint custody and her earning little money is what made the support so high.
With no actual child support order in place, is there anything I can do to have the child support reviewed or revised or something??? The mother now works full-time and has a part-time job and still lives her her child at her mother’s home as she has for the past 3 years. I still earn the same amount of money as I did in August 2007, have been married, and have a step-child.
If child support was not included in the original order you may petition the court for an initial determination of support. The court will consider all evidence presented based on the circumstances as they are now, i.e. including the mother’s current income.