Motion to Intervene

North Carolina Divorce Law Divorce and Separation Answers
1

My husband’s ex-wife has filed a motion to intervene. She is claiming that he is in arrears of $1100 (which is two months support) and wants him to add insurance. He already has them on his insurance as dependents and she has used the insurance (we have explanation of benefits as proof and an insurance card as well ad the deduction that comes out of his check each week). How can we find out if he is in arrears. According to our records we are not. We once went on a cruise in 2005 nd forgot to mail the check in before we left. When we returned we called child support enforcment in Raleigh and they said that the payment was not late and did not have to be made until the last day of the month. Therefore the payment that I make today or will have to be tomorrow April 1 is for March and he will pay Aprils payment by the last day of the month.

Also his eldest daughter turns 18 on May 22, but is still in high school because she was held back one year by her mother and failed another year. She is failing in school and has to go to Saturday school to make up the work. His ex wife never let’s him know what is going on in their lives and he doesn’t get to see his children due to sports activities that his ex had put in the original order for support. He does want his children to stop playing sports if that is what they want, however his ex puts them in sports year round just to make sure that he does not get to have them. When can he stop paying support for the child who will turn 18 in May?

Should we have an attorney at the hearing or is this something we can do on our own?

Thank You.

2

I don’t know what date of the month your husband is to pay support by, but typically support is paid at the beginning of the month for that month (support paid on April 1 would normally be for the month of April). I would suggest that if your are able, you do hire an attorney.
Support normally continues until the child either turns 18 or, until the child turns 20 if they are still in school and making satisfactory progress towards graduation. Your husband can make a motion to terminate support if the child is not making progress.