Hi:
I just got a Motion to Intervene & Modify my separation agreement. My ex appears to have gotten NC Child Support lawyer to file a motion to modify support order as follows: (1) Request Johnston County child support office assist her in enforcement and collection of child support. (2) Request child support be paid to the NC Centralized Collections and to relieve me of my obligation to pay the mortgage.
I don’t understand. If I’ve paid the mortgage and the balance of the child support by check each month on time how can the courts modify the agreement. I thought Centralized Collections were for dead beat dads who don’t pay their support. I requested in mediation to be allowed to pay the mortgage as part of the child support to make sure the kids had a roof over their heads and to make sure the mortgage was paid on time. She agreed to that. Now two years later she wants to pay the mortgage, but I’ll be honest I have serious doubts the mortgage will be paid on time based on late payments or no payments in the past.
If I’ve been diligent about paying my child support how can the CSE get involved on her behalf?
R-
Child Support Enforcement can get involved in any case they deem appropriate if they have a client that wants their involvement. It does not require that the paying-party be delinquent in his or her payments.
Agreements are treated differently than court orders. You can read more about child support provisions in a separation agreement on our website.
I’ve heard that applying for any sort of welfare basically requires that the applicant give CSE permission to involve themselves (and basically take the whole thing over, no matter what agreements the parents might already have). It seems that Social Security IV-D (maybe 42 USC 654(4)) requires states to do this, and they all have. Is that true?
I’ve also heard that there’s a worrying conflict of interest in there, where the state is basically encouraged to set child support as high as they think they can collect—regardless of the actual need—because they get federal money in proportion to the amount of child support collected. I thought that had to be a misrepresentation, but then I saw 42 USC 658a (particularly (b)(5)(C)). Is that true too?
And I guess the only way to avoid this is to hope the ex doesn’t ever apply for welfare?
You are correct. If a parent obtains state assistance for a child, the state can then file for child support against the other parent.
The child support enforcement agency will assist the state in obtaining child support. The amount that is received is usually determined based on the child support guidelines, but either party can move to deviate based on the needs of the child.