Long Post/Lots of?

North Carolina Divorce Law Divorce and Separation Answers
1

You can file a motion and order to show cause related to the late child support payments, however the court in your county may send the case back to child support enforcement. If the court hears it they can impose the same penalties, or harsher ones, that have previously been imposed on him. You may want to have an initial consultation with an attorney who can advise you on the intricacies of the system in your county.

You would not be granted access to any private database that CSE uses, however, I believe the general public can do a public records address search.

I am a tax attorney and do not give tax advice, I comment on tax questions for informational purposes only. However, if your daughter is living with you, you have the right to claim her. I would consult with an accountant or tax attorney first, but you should be able to refile taxes for the previous years and claim your daughter as a dependent, and claim her in future years, when the IRS learns that both have claimed her they will audit both of you and give the deduction to the party who is legally entitled to claim it. A consultation with a tax attorney should not be very expensive and may give you a simple resolution to this issue.

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

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.

2

My Ex (boyfriend) is $30,000 behind in childsupport. He pays when he gets put in jail and for a few months after then we go through the same thing, court jail etc. This has been going on for 9 years. He signed a voluntary Support agreement. He has nothing to do with her, no Christmas,Birthday’s,Etc. The only time he talks to her or me is when he gets put in jail. He has learned the system so he gets by with a lot. My main question is how can I handle the case myself? I was with the Clerk of Court until October 2006 and because of some new law or something I had to go with CSE of Davidson County. Well lets just say I am not happy. I understand they have a lot of cases, but no one will listen to me on anything! Last court date the Judge ordered a $500.00 purge payment then a $500.00 a month for the next 6 months or a warrant is issued. Well he didn’t pay. My worker wouldn’t talk to me and wouldn’t issue the warrant. I tried to explain and I have told her this in person and on the phone may times before that it takes a month for the warrant then 3 months or more to find him because his family helps hide him, then we have to wait for a court date etc.
So my kid goes without support for long periods of time. Anyway I have no other course than to try and take care of it myself. Is there a book or website or seminar something I can do to do this myself? Also, if I do the case myself why wouldn’t I have the right to the same search systems the CSE has? I understand it could be dangerous for some people to get that kind for information about the Ex, but because he changes jobs so much and I don’t need to know where he works, just be able to get the info. to CS so they know to send a wage with holding.
Sorry this is so long!
Another question I have is about his wife. They have been married about 4 years and dating 4. Well she took my daughter on her taxes every year except last year. I wasn’t working until last year. He doesn’t even file. I only found out 3 years ago and have been through hell with IRS and trying to file a fraud case and identity theft, that went no where and I just quit. Anyway is there anything I can do to get my daughter her share because normally she would get the taxes because of arrears?
Thank You for your time!

Vicky