Filed for Child Support in 2020

Hello,

I filed for child support and custody in April of 2020. I have yet to receive anything in regards to child support. My attorney keeps telling me we’re going to trial and nothing happens. I’m unsure about what’s going on. When I ask questions, her office is unresponsive and doesn’t recall information, they tend to ask for information multiple times. They have asked for more money that I don’t feel comfortable giving because I have nothing yet, and I don’t know where my money has gone. I contacted the child support office today, they stated that no case for me has ever been filed. I’m confused and unsure what has happened. I don’t where my money has gone. I’m not seeing any results from this, I’ve just been subpoenaed and asked for my information, but I know nothing. Is this normal? Is this neglect? Can I get my money back for services not rendered?

I’ve also filed my divorce though her as well. They filed for Absolute Divorce but didn’t discuss anything with me. I know nothing about what’s involved or what it entails. What all go into this? I should know something right? Like a divorce decree…not sure.

Also, I recently had mediation to modify some things because I wanted my spouse to spend more time with our children, but he’s very reluctant every time I ask. He doesn’t abide by the court order we have now and I don’t feel comfortable with the changes made recently to offer more time. If I don’t sign it will we just have to use the current one or will I have to go to court because I’ve changed my mind and want to keep it the same? He also recommended changes. What’s the consequences for not signing?

Thank you.

Your lawyer or his/her office should be able to give you a status update and a rundown of how your attorney’s fees have been spent assuming your attorney has not charged a flat rate.

Courts are very backlogged so its possible a trial date keeps getting push out further and further because the overcrowded dockets and limited courtroom supply.

The child support enforcement office will not have record of any child support action being filed for you if you’ve retained your own counsel to establish child support. Through your own attorney, you are initiating a private child support action in family court whereas the child support enforcement agency is a completely different type of court.

For absolute divorce, it usually takes 8-10 weeks for the divorce judgment to be entered from the time the absolute divorce complaint was filed. If more than 30 days has passed from the time your spouse was properly served with the complaint, then there should be a court date pending. This is typically not a court date you would need to be present for.

To modify a court order, there must be a substantial change in circumstances affecting the wellbeing of the minor children that has occurred since the entry of the current order. If your spouse will not agree to modify it outside of court and a substantial change in circumstances has occurred, then you can file a motion to modify your custody order. Until a modification is entered by the court, the current order stays in effect and both parties must follow the current order.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you. Can I withdraw my case for child support with my attorney and file separately on my own through child support enforcement? Am I able to ask for backpay, as I was the only parents providing for them for over year? Also, is a there a divorce decree for Absolute Divorce that I should know about or is it just a certificate stating I’m divorced? Last, I remove my attorney and file child support on my own will that affect my pending divorce?

Yes, you can initiate a case with child support enforcement instead of going through your lawyer for a private child support action, however, if a child support claim has already been filed, you may have a more difficult time moving it.

You can ask for back child support - you need to ask for that in your child support complaint or counterclaim.

When an absolute divorce is entered, a judge signs a judgment for absolute divorce, which is a court order.

Nothing related to your child support case will affect your absolute divorce, so you can proceed with child support on your own or with your attorney and neither will impact the absolute divorce.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.

Thank you, are there specific difficulties that I may run into for going through child support enforcement? For this, would I dismiss my case with my attorney or withdraw her from counsel? Nothing has been discussed with me since 2020 regarding my case and how we’re proceeding. They asked for more funds, but not sharing information regarding how much she’s asking of him or if backpay is apart of it. Whenever I call they say they’re going to ask the attorney and I never hear back, yet I get charged and have no responses or a clue of what’s happening.

No, there are no specific difficulties for proceeding with child support enforcement.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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.