Civil suit for back child support?


#1

My son’s father and I were never married; we separated when my son was 1, he is 17 now. We made a verbal agreement for visitation and him to pay $300/month child support, which he did for many years. In 2006 I moved out of state to NC; he continued to send the $300 check every month, but never bothered to come visit and didn’t have a problem with us moving. He was never overly involved to begin with. He married in 2008 and immediately problems began, instigated by the new wife. In 2010, while my son was visiting him for what should have been two weeks in the summer, he filed a false ex parte order in the other state claiming I had abandoned my son. I was never served since he provided a false address for me as well, but thankfully I found out through a mutual friend. He made his last child support payment in May 2010; the judge tossed his case that September and ordered my son returned to me immediately. We returned to NC that day. He has never contacted my son again, nor paid. Birthdays and holidays go unacknowledged. I filed for custody upon return, since clearly the verbal agreement was out the window, and he has refused to show up for court so it just went to clean-up and was never heard. Since he has left us alone, I haven’t pushed it. I filed with CSE for child support and he refused to cooperate with NC, so it was sent interstate to where he resides. He lied to them and told them I did not have custody of my son and they didn’t bother to check with NC; they dropped the case without telling us in 2013 and he adopted a child with his wife. I have re-filed the case again. I know NC does not honor back child support, but the state he resides in does. Given the continuous problems over the last few years, I’m not holding my breath this will ever happen.

Is it possible to obtain the back child support to 2010 in a civil suit based not on child support (I know that wouldn’t be the venue), but as a straight contract violation, which I can provide proof of via payments and his statements to the court in the other state? Although the state would find he owes me more in a month than $300, that is what our contract was for so that would be the amount I would sue for–now totalling over $20k. I figure it’s better than nothing, and my son could use the money for college.


#2

It was a heart broken article.Custody is a legal term referring to the right of a person to make decisions about the care and welfare of a child (for example, decisions about education, health care and religious training). The parent with custody is often called the "custodial parent."It is important to table advice of a lawyer which will help to take a proper step.


#3

[quote=“MichaelEdwards”]It was a heart broken article.Custody is a legal term referring to the right of a person to make decisions about the care and welfare of a child (for example, decisions about education, health care and religious training). The parent with custody is often called the "custodial parent."It is important to table advice of a lawyer which will help to take a proper step[/quote]


#4

If you want to sue for breach of contract you have to actually have a written contract, signed and notarized by both parties. A verbal contract or history of payments isn’t enforceable by the contract laws in the state of North Carolina. At this point any child support arrearages you can receive will be retroactive to the date you file a law suit, you can’t seek retroactive payments to a date prior to when you file for child support.