No Child Support Order

She is undoubtedly playing games. Once your husband owes over $500, he can loose his passport, professional licenses, Federal Tax return, State tax return, and possibly (but not usually) his drivers license.
If you have a lawyer, then he needs to address this A.S.A.P. Another option is for your husband to make a payment of what he thinks is reasonable directly to the child support agency. They’ll process it and you’ll have a record of him being “responsible” even though the court wasn’t.
You need to file that motion, and he needs to be willing to take of work. If he doesn’t this can go very bad and once it’s screwed up, it’s almost impossible to correct. I’ve been trying to undo N.C. Child Support’s screw ups for 7 years and I am no closer than the day I started.

Thanks, Hawkman - she is playing games. I’m just trying to figure out what her game is. I have worked in the child support industry for almost 15 years. This is a clerk of court case (non-IV-D) and not a child support case (CSE) and since there is no order, there are no arrears. We’ve been paying the minimum to the NC Centralized Collections. Right now I don’t want to pay more than that because her income (or potential income) needs to be imputed to figure out his obligation. If we pay too much we will never get it back as it’s considered “a gift” (go figure). So we keep paying the minimum and I guess we will file the motion to set support. After all the ugly domestic violence hearings we’ve been through and all the lying and games, she gets what she wants and is now moving the children away. This is such a tradegy. This women is really sick.

I really appreciate your support and if there’s anything I can do to help you - please let me know. I’m very familiar with Wake County CSE.


There are two things your Husband should do:

First, you should calculate what amount you believe he owes based on the guidelines. If you do not have her income information, you should take your best guess and pay that amount. If there are arrearages he will be ordered to pay them, if you have been paying support based on guidelines all along, that decreases any potential he has to be ordered to pay arrearages.

Second, you should file a motion to modify child support and set the matter for hearing as soon as possible. Your husband needs to find a way to take a day off of work and deal with this. I know that it may be hard for him to do so, but it will turn out to be much more costly for him to ignore this problem.

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


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In June, my husband was awarded temporary custody of his two minor children as a result of a domestic violence act committed by his ex-wife and her current husband. The judge gave the children back to their mother in August as a result of her creating false evidence for the court which was proven later, but did not change the custody back to my husband. Long story short, the court suspended my husband’s support obligation in June and we have diligently tried to enter into a consent order with the children’s mother. She has refused to agree what is in line with the guidelines and does not communicate with us (or allow the children to). We have been paying $50 a month since, but want a set obligation. Wake County Child Support can’t help us and I’m concerned the boy’s mother is trying to hold off in order to get a very large past maintenance amount set because it would be much greater than our monthly child support obligation. HELP. I have documentation of all our attempts to set an order - she is just playing games. I’m thinking we just file a motion to set support on our own, but my husband can’t take off work. Ideas?