# Child support

**URL:** <https://forum.rosen.com/t/child-support/6969>\
**Category:** Divorce and Separation Answers\
**Created:** [January 8, 2009, 5:59pm UTC](https://forum.rosen.com/t/child-support/6969 "2009-01-08T17:59:17Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [January 8, 2009, 5:59pm UTC](https://forum.rosen.com/t/child-support/6969/1 "2009-01-08T17:59:17Z")

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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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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.

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**Author:** ![hrm](https://avatars.discourse-cdn.com/v4/letter/h/d9b06d/32.png) [@hrm](https://forum.rosen.com/u/hrm)\
**Post date:** [January 21, 2009, 5:08am UTC](https://forum.rosen.com/t/child-support/6969/2 "2009-01-21T05:08:34Z")

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We were never married. There was just a custody case.

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**Author:** ![hrm](https://avatars.discourse-cdn.com/v4/letter/h/d9b06d/32.png) [@hrm](https://forum.rosen.com/u/hrm)\
**Post date:** [January 8, 2009, 4:57pm UTC](https://forum.rosen.com/t/child-support/6969/3 "2009-01-08T16:57:59Z")

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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.

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**Author:** ![Erin\_Clarey](https://avatars.discourse-cdn.com/v4/letter/e/9de0a6/32.png) [@Erin\_Clarey](https://forum.rosen.com/u/Erin_Clarey)\
**Post date:** [January 26, 2009, 5:26pm UTC](https://forum.rosen.com/t/child-support/6969/4 "2009-01-26T17:26:12Z")

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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.
