Family member: noncustodial lives in another state. Custodial lives in NC> This case began in Jan. 2006 when judge ordered kids back, custody hearing in Dec. 2007, children to stay in NC, both fit proper, joint legal with liberal out of state visitation. During one early hearing (?) CS was brought up and Judge stated amount, attorney objected and said to both atty. to figure out an amount. This amount was never put in writing and has been paid monthly. The custodial parent just now is going thru the CS agency with their atty handling this, not the attorney for everything else. They are asking for back child support, can this be awarded when basically it seems like a gentlemans agreement between the attorneys on the amount that has been paid for 2 yrs.? The noncustodial was going to school part time and working part time (2yrs) plus going to NC for visitation with children. Can this be taken into consideration for back child support too? They had ED mediation with no results, noncustodials’ attorney was trying to work out ED amount with CS amount to come to an amount to support both these actions. So it looks like a court hearing for this (CS). Do courts look at all factors or are they so rigid and follow the CS guidlines to the (T)? Can the noncustodial counter claim and have the hearing in the state they live or since CS agency has filed in NC it has to be there? I thought I read on other post it can be done in the state where the noncustodial lives?
The court will give appropriate credit to the circumstances and payments for child support made. If an action was filed, typically they will determine child support as of the date of filing of the action. If there are “arrears” the court has discretion to award no arrears or award periodic repayment of the arrears.
If North Carolina has juridiction over the non-custodial parent, whether by minimum contacts or by consent, then the hearing will be held in North Carolina.
If someone is seeking support for a time prior to filing an action, the court may either apply the guidelines or apply the income share model to actual expenditures for the minor child during the time period for which “retroactive support” is sought.