He can file an action in court and ask the court to determine an appropriate amount of child support.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
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Raleigh, North Carolina 27607
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he is what is going on now - my husband took his ex-wife to court in 07. He was suing for custody of the 11 year old son. He was awarded joint legal custody of him with everyother weekends, 6 weeks in summer, alternating holidays and extended weekends on some holidays when out of school. The reason he had to take her to court because she was keeping the 11 years old son away from him due to the fact that he would not visit with her son - now 16. This is not my husbands biological child and he is severly autistic and my husband could no longer physcially handle him. During this 07 case the ex made a counterclaim for child support. When judge ruled on case joint legal custoday was given of 11 year old and a finding made that 16 years old is not his biological son -that since no evidence was presented on her income - that child support could be settled at a later date. My husband submitted his pay stub to our lawyer and never received any response from her or her lawyer on her income or a agreed amount. Now she has recently been to dss for them to help her get child support. The only notice we received was a phone call from Raleigh on Monday 11/10 that he had an appointment on 11/13 at the court house…he has never received anything else. It was mailed on 11/6 from dss. We made some calls on wednesday of this week to have court date put off due to not having anytime to prepare for court and was told it would be put off. The new case for child support was referenced to 1998 - which is when they were granted an absolute divorce. They had a separation agreement agreeing on support to which he followed for the last 9 years until court in june of 07. The separation agreement was never incorporated into the divorce and never a order and was for both kids. Now we found out today that the new 98 case and the 07 cases were both dismissed. He tried to pay her directly after june 07 for the 11year old since a finding was make about the 16 years old not being his biological son. She would accept checks but never would cash them. So he tried to make a good effort to pay her child support. Now she filed the case for support. which has been dismissed and the child support portion of 07 case has been dismissed also…child support was never settled in court in 07. My husband knows he has a duty for support but we have tried to pay directly and she has taken the court route…He don’t know what his next step is now - would like to resolved this once and for all…any suggestions of what next step could be?