Failure to pay


#1

it is probably not your ex spouse’s fault. It takes a while for the CS agency to “catch up” and if they are deducting it automatically it could take a couple of months. They may have started the process for the deduction but you just haven’t gotten it yet. What happened in our case was:

  1. Court order was signed
  2. Documents were submitted to my husband’s place of employment and they filled out and sent back to CS
  3. CS began being deducted
  4. Ex rec’d money
    I recall this taking longer than a month. You should have a case # and be able to call CS to see where in the process things are.

#2

No, the CS/SS is not being deducted from his paycheck. He is in a solo med practice. My understanding is that he sends a check to Raleigh for CS/SS and they then send me a check, rather than paying me directly, but maybe I have it wrong. I thought the purpose of this was to document accurately that he is paying what he should and is on time.

The retro child support he was to send directly to the atty office (locally) by the 20th and it has not been received, although that is only a few days ago


#3

If your spouse has not made the payment to your attorney as required, your attorney will give him a reasonable period of time to make the payment usually 5-10 days depending on the circumstances. If he does not make the payment, your attorney can pursue the payment using a motion and order to show cause.

I often try the wait and see approach for a few days because it may cost more to go to court and pursue the payment, especially if it comes only a few days late.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

ROSEN.COM

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#4

The judge signed the court order 7-20 saying spouse was to pay spousal support and child support by the first of the month and both are to be paid through Raleigh’s CS agency. I have not received anything yet.Retroactive CS was to be paid by 8-20, and payed to the atty office. I have contacted atty and nothing has been received.

What are the next steps and how long do you wait. The reason everything went to court was that spouse was not paying enough for the family and not paying on time. He makes in excess of 300K/year and has 4 children to support. I will soon need to get a loan to pay household expenses as credit cards have been maxed since he moved out 11-06. Doesn’t the legal system see this as a blatant disrespect of their laws and an irresponsibility to his children.

How long will an atty wait before filing contempt of court charges?