My ex is behind in child support


#1

Dear Malibu:

Greetings. If the original order was incorrect, you should file a Rule 59/60 motion to correct the order. I am not quite sure what your question is here. Please clarify this.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#2

I’m sorry I know this is confusing. Originally, the judge ordered him to pay arrears, and the total was about $3700.00. Since the order went into effect, he has fallen behind, by missing a few payments, etc, and has a court date in a few weeks, and my question is this: What he will be expected to pay according to my agent is $600.00 at the court date. If he asked the judge to attach it to the total amount of $3700.00, is it likely his request will be granted?


#3

Dear Malibu:

Yes, the court is likely to attach his new arrearage to his old arrearage when you go to trial. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCDivorce.com
919-787-6668

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

We have 2 children, and I took him to court at the end of last year because he wouldn’t voluntarily pay me child support. We had been seperated 10 months when we went to court. The judge ordered 425 a month with 60 for arrears, and 60 for orthodonture payments (1/2 the payment). It was entered incorrectly, and I only get the 485 a month. Now, the problem: He missed the first two payments, and the second month was messed up, and it started being consistant the second month. However, 2 months ago, he skipped a week. I don’t know how, because it is being taken from his paycheck. My agent sent him a letter in the spring letting him know he was still responsible for any missed or shorted payments. Also, because of the way the CS is set up (monthly amount divided by 4.333 weeks) he is showing anywhere from 30-50.00 behind each month. Now, he has a court date in a few weeks. He is currently showing his arrears (that the $60 monthly is going toward) as being more than $3700.00. When he goes to court, he will be behind, for the months since the order went into effect, about $600.00. I am sorry if this is confusing. My question is this: If he requests that the $600.00 be attached to the $3700.00 he is currently paying on, is it likely a judge would grant it, in liew of the fact he is that much behind? My agent is also going to ask for the order to be ammended by adding another $60.00 a month to it. It is unlikely he will have an attorney. I would like to add that since he was originally served the court papers last year, he has been mad at me stating if I hadn’t taken him to court in the first place, he wouldn’t have this problem. Of course, I stated back that had he bothered to support his children in the first place, I wouldn’t have taken him to court.
Thanks for any help you can provide.