Is Attorney Required?


My divorce was final in Dec 2011. The divorce decree included, as an attachment, the separation and child support agreement. My ex-husband has consistently been late paying his finiancial obligations specified in the agreement and as part of the divorce decree. Currently he is behind ~$1400. I want to take him to court but I don’t know if I can initiate this action or if I am required to have legal representation.


If you can’t afford an attorney you can contact child support enforcement and they will attempt to collect on your behalf.


Mr. Short is partially correct. Yes, you can take your ex to court without an attorney. You can go to your county clerk of court, tell them what you are doing, and they will give you the proper paperwork to fill out. Then you fill out the paperwork and file it with the clerk of court and they will give you a court date. You will have to serve your ex with the paperwork but the clerk of court will tell you how you need to do that. This is one way but it can be very stressful on you.

The second way, is what Mr. Short mentioned. Contact your county DSS child support enforcement section. They can take your ex to court for the back child support on behalf of your child(ren) not you. According the NC DSS, the child support enforcement attorney works on behalf of the children otherwise there would be a conflict of interest. Attorneys representing NC DSS agencies are required to abide by the North Carolina Canons of Ethics of Arbitrators and remain an impartial third party. But the DSS child support enforcement attorney will be able get your back child support and garnish his wages.