Modification of child support

North Carolina Divorce Law Divorce and Separation Answers
1

CAN I FILE A CONTEMPT OF COURT ORDER SINCE MY EX HAS NOT PAID CHILD SUPPORT OR ALIMONY FOR SIX MONTHS IF WE HAVE A COURT DATE TO MODIFY CHILD SUPPORT ON THE CALENDAR?

ALSO, CAN OR WILL A JUDGE NOT REQUIRE MY EX TO PAY BACK CHILD SUPPORT OR ALIMONY FOR ANY REASON? HE WAS FIRED FROM HIS JOB AND HAS TURNED DOWN JOB OFFERS BECAUSE THEY DIDN’T PAY ENOUGH IN HIS EYES.

I AM FINANCIALLY BROKE AND HAVE MY FATHER HELPING ME SUPPORT MYSELF AND MY KIDS WHILE I WORK TWO JOBS. MY EX HAS MADE NO CHANGE IN HIS LIFESTYLE AND HAS AN ATTORNEY STILL WHILE I AM PRO SE. WILL A JUDGE MAKE NOTE OF THE FACT HE CAN AFFORD AN ATTORNEY BUT NOT CHILD SUPPORT?

THANK YOU!

2

You can and should file a motion for order to show cause and seek to have your ex held in contempt for failing to pay both child support and alimony. The judge can order him to make up the arrearages. If he lost his job, the burden is on him to file to seek a modification based on his changed circumstances.