Lack Of Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

We have a child support agreement that was agreed upon and submitted through the courts a little less than a year ago for a set amount of money each month. I receive a check this morning for about $350 LESS than what it should be with a note stating that this is all he has right now and will send it as money becomes available. States that “the dollar amount is still to be decided as I am self employed at this time”.

Bull!!! The dollar amount was set back in MARCH and there are no pending changes in child support as far as I can see. I have been served with no papers and the fact that he is self employed is NOT MY PROBLEM!! He QUIT a job that he had where he was making enough money to pay the $479 a month in order to pursue this self employment crap and now he has turned into a deadbeat dad because he can’t get his self employment business off the ground (wow, there’s a shocker!!). Now because of this I cannot pay my rent for the month. I HEAVILY relied on this child support each month in order to make our bills. And now I’m going to be even MORE behind than usual!!! I have called my attorney but they are closed for today. I need some kind of peace of mind as to what my options are right now because my head is swimming and I can’t even see straight. Any insight would be greatly appreciated. Thank you.

2

If he doesn’t catch up on his child support, you are free to file contempt charges against him. He may end up filing a motion to modify child support, but he is still obligated to pay the existing support order unless/until his motion is brought before a judge and granted. He’s already in arrears and if he doesn’t have a way to catch up to you, I would suggest you file contempt. If you let him know of your intentions, he may come up with the money.

3

I have already let him know my intentions and I see no check in the mail. He has money to pay his attorney and a mediator for a BS lawsuit but will not pay the court-ordered child support. Additionally, how can he file a motion to revisit child support when he VOLUNTARILY QUIT his job to become self employed?? Isn’t that similar to dodging having to pay child support payments? I mean anyone can quit a job and then say “Um, I don’t have the money to pay so let’s get this modified”. And how long before I can file a motion for contempt … If he doesn’t pay this month, can I do that then or do I need to wait longer?

4

If he files a motion to modify support and it is found that he voluntarily reduced his income the court may deny his motion, and/or impute his regular income to him. You can file for contempt now.