Child support


#1

Dear Leanna,

I am assuming you already have a child support order in place, the other parent is not paying according to that order. If that is the case, then the court can order the payment of back owed support until that amount has been cleared, or they can order it in a lump sum.

For an equitable distribution award, it depends on where the funds will be coming from to pay you that award. If they are coming from a retirement account, it will probably take a while to do the necessary paperwork, and perhaps even an additional court order called a Qualified Domestic Relations Order (QDRO) to get that money transferred to you. If it is coming from the sale of a piece of property, then obviously you’ll have to wait until the property is sold. But, if the person has the funds already available, and the court is aware of that, then you may get your money very soon.

Good luck,

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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.


#2

Child support has been filed against the NCP. He will owe a big dollar amount of back time, so I have been told. Does the courts usually require that the back time be paid up front in one lump-sum? When a judge signs the equitable distubution award, do I receive my part at once or is there a waiting period

Thank you.