It would sound to me as thought the amount decreased when your child started school and you have agreed to whatever amount. Though it should be a consistent amount monthly instead of varying but since you have let this go for several years and there was no set amount then I’m not sure that the court could make him pay you back pay.
I suggest running the calculator to see if you should give him an amount to agree to or go by the guidelines…you may be getting more than you would which would mean going to CSEA would be a mistake. You may be entitled to more also though. I would run the calculator with the information you had previously just to see…
Unless you know that he’s changed jobs you could use the income that was on the previous agreement to figure. It may not be accurate but it’s unlikely that he’s making less unless he has switched jobs. Maybe he’s going by that amount also…and doesn’t want to divulge that information because he’s making a lot more…
Did the Agreement deal with child support, if so he is obligated to pay you what the Agreement required.
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.
From my reading, he is not “behind” in child support based on the agreement you presently have. Child Support Enforcement will not go after him because there is no court ordered amount upon which to collect.
Tell him that if he doesn’t divulge his income to you in a verifiable way that you will have to go to court for it. He may already be paying you more than is required by NC guidelines and it wouldn’t be to your benefit to go after more.
The statement, “…the child support amount will be paid in accordance with he NC Child Support Guidelines or an agreement that is suitable to both parties” doesn’t mean squat. Yes, you have tacitly agreed to what you’ve been getting the last few years. You’ve been cashing the checks, right?
The best way to deal with this is to be open, honest and direct. If he isn’t willing to divulge his income and you have reason to think he is being woefully dishonest with you about it then you will need to take the matter to court. In the end, your court and attorney fees probably won’t be worth the trouble.
No matter what, don’t respond to his foolishness by reducing his time with your kids. You’ll only be hurting the children.
If you do not have court ordered child support, child support enforcement will assist you in implementing a court order for support. If he does not voluntarily share his income with them, it can be subpoenaed from his employer. Just because you have accepted the amount does not mean that you agree with it, if it was not in accordance with the guidelines you may be entitled to arrearages, if he has overpayed, he may be entitled to a credit.
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.
I have no court ordered child support. When my X and i first seperated my youngest son was in full-time childcare so my support was about $800 per month. This amount was stated in our seperation agreement. My youngest son is now in second grade, and for the past few years the support has varied between $500 to $600 per month depending on what my X decides to give me.
I have a feeling I should have been receiving more support than I have been getting for several years but I just didnt fight it. I am sending in my paperwork to NC Child Support Enforcement to do an overhaul and check his income since he refuses to divulge any info.
My seperation agreement also states “when the youngest son enters public school and no longer requires full-time child care, the child support amount will be paid in accordance with he NC Child Support Guidelines or an agreement that is suitable to both parties.”
My Question: Since I have accepted the support from him without a fight for the past several years, is that in essence saying that I agree with it? Will they go after him for any arrears that I could have gotten or that my children were entitled to?