I have taken the NC standard child support agreement form and we have agreed to an amount between the both of us and have had it notarized, my question is at this point do I take it to the magistrates office and have it filed with the courts?
You would need to file a friendly complaint for child support, the other parent would need to accept service of the friendly complaint, and you would need to draft a consent order with the child support worksheet attached to it before submitting the order to be signed by the judge.
You cannot take an order or other document to the courthouse to be signed by a judge until a complaint has been filed and a file number assigned.
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.
We have the document notarized on the amount. I’m going to file for a motion in the morning to set a court date with the civil division of the courthouse per instruction of the magistrate then submit my documentation in front of the judge on the court date.
Is that the same instruction that your advertising.
If you already have a child support case at the courthouse, then it would be correct that you would file a motion to have the child support modified, calendar your motion (Notice of Hearing), then hand up the already signed and notarized consent order to the judge for entry.
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.