Child Support

Dear LetItBurn:

Greetings. Is this the Usher song you are referring to in your “handle?”

Why have you not had a hearing yet? Yes, a judge generally awards child support retroactively to the date of filing the claim for chils support. The court may deviate from the guidelines depending on all circumstances.

You may also want to file an equitable distribution claim and ask for an interim distribution to sell the marital residence, so that you can do away with his mortgage payment to free up more money for your children.

No, you should not have to enroll your child in daycare prior to court. I think that you can take evidence of what daycares in your area would cost and testify that you checked into them and how much they would cost, what their availability is, etc.

You do not need mediation for child support, only custody. You can have a child support hearing separately from child custody. I would go ahead and have the child support hearing as soon as possible. Best of luck and let us know if we can help.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.

Yes, I am referring to the Usher song “Burn”. It just seemed appropriate. [:)]

Ex left me w/twins (not yet 3 mos. old), filed a complaint two weeks later, and for the last 6 mos. we have gone back & forth on the separation agreement. Went to settlement conf. He didn’t come, sent his lawyer alone. Thought things were worked out. My lawyer sent the revised SA & they sent it back. The issue is that he doesn’t want to pay the child support requested. His lawyer also refused to pay the back support to date of his filing the original complaint. Does a judge award back child support to date he filed the complaint about us separating or is it once my lawyer files something for us to go to court over the support issue? The guidelines were used in determining the amount. We used his work comp pay even. He has been out of work for the last 4 months or so. He wants to continue paying the lesser amount until the end of the year even though he is likely going back to work in the next 2 weeks. Due to the cost of child care and such the monthly amount is higher than what, by law, he could pay. I cannot take more than 40% of his income after taxes & his payment to his other child. No problem, I asked for the 40%. He wants to go to court for some reason. Would a judge deviate from the guidelines for some reason? I had to move in w/my parents as I am unable to work FT and care for my twins alone. He lives in our house. He refuses to sell it. Does a judge take into account that he has to pay the house payment? I just cannot fathom why he would want to go to court over support unless he thinks he’ll get to pay less that way.

Also, I need his contribution to begin the child care. My father, who is 65 yo, has been watching the twins since I moved in. He cannot continue to do this. I can’t afford to pay the day care charge all by myself. Must I have the day care in place in order for it to be considered a part of the support amount before we go to court? My son has high medical expenses & I cannot afford to pay it all on my own. Also, I read something about going to mediation once before our hearing…is that true?

Thanks in advance for your response.