Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

My ex has pretty much avoided child support for 1 year. With three kids, he agreed to pay $600 per month in separation agreement and never paid. Since signing the Court has ordered him to pay $780/month. He paid one month of this… at court because he was not in compliance.

DSS got involved and he was taken to Court. Since going Court in April he paid one month but is $6,500 in arrears. We had a Court date yesterday, and it was continued because his attorney couldn’t be there for medical reasons. Still, no support and my kids have to suffer… I need help!!!

My questions are:

  1. Can’t the judge see he can afford to pay a lawyer but not support and shouldn’t this work against him?

  2. When I get on the stand, can I speak directly to the judge because I am going nowhere fast? If yes, what do I need to do to address the judge.

  3. Any and all advice/suggestions will be greatly appreciated.

  4. Is it worth my while to hire a lawyer?

2
  1. Yes, the judge may indirectly take that into account, but is still bound by the Guidelines. The judge should award an additional amount of support to be paid monthly towards the arrears.
  2. You will be able to testify at the trial on child support. The relevant items are your income, your spouse’s income, the time with the children, health insurance, the amount of money you’ve previously received in support and all the efforts and expenses you have incurred in trying to get your spouse to pay support.
  3. If the arrears continue and the hearing does not get set quickly, you should consider hiring a lawyer that deals with child support.
3

Take it from somebody who has being going through this type of thing for years with the ex…it is a slow slow slow process. If you are going to court with DSS that is probably your best bet although it may take some time…I can tell you if you hire a good attorney it could end up costing between 5-10K, even more than that if he continues not to pay. You have to weigh it out…

Just a hint, if you can demand his pay get garnished…but if he has his own business like my ex it of course doesnt do you much good.

I know it is frustrating, aggrevating and makes you want to pull your hair out, but if you can just be patient the courts will eventually get him…