Failing to pay expenses


#1

No he can not subtract any amount he paid for expenses from what he owes you on a court order. If it goes back to court, he will be required to reimburse you.

I do not know if dental is a required expense. That may need to be clarified with the judge.

Regardless of when he starts to pay he will be responsible for payments beginning the 1st of the month that the papers state. If the papers state June even though they weren’t signed until July, he would be responsible, as of now, for June, July and August payments. This can be readdressed through Child Support Agency and taken back to court by them. The web site has the necessary payment addresses btw.


#2

He cannot make deductions from the child support payments unless the court order specifically authorizes him to do so. If he is not following the court order, the way to enforce this would be through a motion and order to show cause.

The term health care seems ambiguous to me and there is no standard definition. If your former spouse refuses to include dental in that definition, you will need to go back to court to have the Judge clarify that issue.

You should contact child support enforcment, or have your attorney do so on your behalf. You need to file the form AOC-CV-640, which is available on the NC Courts Website, this will allow them to open your case with child support. Child support enforcement should be able to give you the additional forms that you need.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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#3

Judge handed down order in July which stated that husband had to pay 100% of health costs not covered by insurance.At the end of the month I sent him a list of expenses for the children which included bills I paid that month, not covered by health insurance, such as meds and contact lenses. He sent a note to me, via by adult child, that back in May he paid a car insurance bill for other son so he was substracting this from that bill and will continue to do so until that bill is paid. Can he legally do that. That was a bill he paid directly to the insurance company, not to me. He actually took his name off the car insurance back in the spring and I didn’t even know. When I filled out my financial affadavit for the support hearing I didn’t even include the cost of car insurance(which is quite high as I has 2 teen drivers in the house)

Another question that my atty couldn’t quite answer. Judge said in her order that he is to pay for uninsured “health” bills. Does health usually mean medical and dental? I am assuming so. He pays for the health insurance and it doesn’t include a dental plan.

Additionally, court order signed by the judge July 21st. It was handed down in June but had to go through several revisions. One clear point was that he was to pay child support via the NC Child Support agency. He is also to pay the spousal support thru them also, and both by the first of the month. He has not started paying as he says “he has not received the forms and doesn’t know where to send the check” Is it that complicated to send the money to them? He and his atty have had plenty of time to secure the necessary “forms” I would think.