NC Child Support!


#1

Dear Lexa:

Greetings. By law, if child support enforcement is involved, the payments must be made through their system. You could change it so that you get the payments, but that may mean that you would have to dismiss the action, which I advise you strongly against. If you had agreed by a separation agreement, this could be done, but the court is mandated to make child support paid through wage withholding to the child support enforcement office. His wages are supposed to be garnished. If he has been paying for 5 or 6 years now, you may have to ask them to do a motion to increase child support and a request to garnish at the same time. You can also do a request to garnish separately. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Thank you so much.

His wages are not garnished at this time, however, he has a “show cause”, { FINALLY} in January, 2005. He has to appear in court. This child support was issued when we had our temporary hearing for custody and child support a few months ago. The Judge gave him a chance to pay on his own. He never did what the orders read. SAD!!, because he has NO reason for not paying. He is at the door EVERY visitation time, to pick up his child. He is employed full time and makes very good money. He also owes back arreage for 22 months.

I guess on the other end, I am asking if the court system really cares. Overworked and under- staffed.

Now, I have been told that his FEDERAL taxes {will not} be garnished, because the court system is STATE funded. Do you know anything about this? I was told, if I had gone through DSS this could have been done. Now, I think about all that attorney money I could have saved.LOL!

Thanks again. Have a safe Holiday Season.


#3

Dear Lexa:

Greetings. First, his taxes are only garnished if you go through Child Support Enforcement. File a motion now for the garnishment of his wages, as it is not to late to add this on to the calendar with the show cause. Best of luck!

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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

Thank you, Janet.

I just don’t understand this NC Child Support Enforcement Agency. Is it correct to say, that if the parent ONLY pays through the agency, than I don’t have the right to garnish his FEDERAL taxes or any taxes, so to speak? The person in the clerk of courts office, child support division in my county, is the one who stands before the judge for me, on the show cause. The show cause states; State Of North Carolina vs {parents’ name} I was told I did not have to be present.

Who needs to file a Motion For Garnishment? If I have to, please let me know to go about it?

Have a safe Holiday.


#5

Dear Lexa:

Greetings. No, the NC Child Support Enforcement Agency obtains child support for custodial parents and enforces child support payments where there are delinquencies, among other tasks. I am sure that you can contact them to find out about having his taxes garnished.

You are correct that child support enforcement probably does not have the time to enforce all the cases I am sure they have, but that is where attorneys come in.

You need to tell whoever is representing you to file the Motion for Garnishment. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.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.


#6

Thank you, Janet.

Your answers are worth waiting for. Keep up the good works.

HAPPY HOLIDAYS TO YOU !!!


#7

Thanks…I am still researching this federal tax issue, so check back before Christmas and let’s see if I cannot get you an answer on how to do this yourself (garnish his federal taxes). Happy Holidays[^][^][:p][:p]

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#8

Janet, you are the best.

Thank you for taking your time to research this for me. I will check back later hopeing for good news. Thanks.


#9

Hi Janet, hope your holiday was restful.

Just to give you the latest on this Federal Tax question. I spoke with a person at the NC child support enforcement office in Raleigh, she told me that if I was going through DSS this garnishment could take place. However, because I paid an attorney to get child support, I could not do this. He owes child support that he does not pay, but I can’t do anything about it. This just is NOT right!

Thank you.


#10

Dear Lexa:

Greetings. The NC Child Support Enforcement Agency should be able to make a notice of appearance on your behalf and enter into the child support action you have on record. Have you asked them to take it over?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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.


#11

Thank you, Janet.

I did discuss this with the NC Child Support in Raleigh, I was told that this was taken care of through the Clerk of Court in my county. NC Child Support Enforcement Office (Raleigh) told me that they did not keep any records in reference to support payments being behind and that they did not have record as to how much the payments were suppose to be each month. Because, the Clerk of Courts in THIS county took care of all the records. They stated that they ONLY collect the payments sent in by the paying parent and send to the receiving parent.

Janet, what is wrong here?

I talked with the person at the Clerk of Courts Office here in my county, I was told that they couldn’t garnish the taxes, because they were state funded. Does this make sense?

Thanks so much for your time.


#12

Hi Janet:

I suppose you never found out an answer to these tax questions. I do appreciate your time.

Do you think I should just call the IRS in reference to this?

Have a good day! Thanks.


#13

Hi;

My questions are in reference to child support collections here in NC.

My child support payments are currently being paid to the NC child support enforcement office in Raleigh. How can I change these child support payments so I can receive them directly from the paying parent? Do I need to go back to my local court to have this done? Also, the paying parent stays behind, and it does not seam to me that the child enforcement has time for all these payments. It takes several months of arears to get it on the court calendar. I am sure they are overworked and under staffed. Their phones are out of service a lot of the time. If the paying parent’s wages are garnished, would this not be a better solution, just mail the check straight to me?

Just like to know what the law allows. Thank you.