My ex and I agreed to an amount he would pay for child support/alimony arrearages in 2016 which, if he had finished paying it, would have been paid in full November 2018. This agreement was filed in court in 2016 and we closed the file with the child support enforcement office. He did not complete paying it so we went back to court April 2019 and I was awarded the balance due plus attorney’s fees leaving the balance from that court order at $20,300. He has made some payments toward this new balance leaving now $14,000 due. He has not paid anything in about a month and a half. I’ve texted a couple times asking when he is going to pay again and I never hear back from him. He telecommutes to his job, living in NC but work is in CA. I submitted CA garnishment papers along with the April 2019 court order to his employer and they have stated they will not use it to garnish as it does not have the papers they require, however I don’t have specifics on what they need. I have contacted a CA attorney but the rate is very high and I’ve already paid attorneys fees (the total was $3300 and I was awarded about $2600) out of my pocket and can’t keep absorbing this each time he decides to not pay.
What are my options, if any, to have a NC attorney file the garnishment to his employer?
Do I have to prove he’s living in NC to have garnishment done with NC order and not have to get another order in CA? If so, what type of proof is needed?
Do I have any other options to collect this debt if he won’t pay it aside from garnishing his wages.
Why was our prior order in NC sufficient for the CA employer when it was submitted by the child support enforcement office but not when it’s submitted by me? We have never had an order in CA to support the NC order previously.
If you receive child support through child support enforcement, then they can pursue the collection of the arrears for the child support case. Otherwise, it is possible to get a court order directing the employer to garnish his wages for child support and alimony. You can also file contempt motions for his non-payment of child support and arrears despite a court order requiring him to do so.
NC would have jurisdiction over the arrears and any contempt issues since the orders exist in NC and he resides in NC.
Wage withholding/garnishment and contempt motions are your options to enforce a court order and receive what you are due.
Without seeing the two orders, I am unable to determine what the difference might have been between CSE’s order and your order.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 just found out last night that he seems to no longer employed by the company I knew about. He’s saying he’s in medical leave and on disability but I have no proof of that and since he usually lies I have no reason to believe it. I know that he has more in a 401k than his balance of $14,000 he owes me, at least as of April 2019 that was the case. My question is if I can, or the court can, force him to pay the balance he owes me from his 401k? Without an income to garnish now, if I cannot obtain the funds from his 401k, do I have the option of having him put in jail during a contempt hearing?
Also, what do I have to do to prove NC residency for him? If his drivers license and vehicle registrations are still all in CA is he still considered a NC resident just because he lives here?
It is possible for arrears to be paid from a 401(k).
At a contempt hearing, the judge has the ability to put him in jail for willfully violating a court order and hold him there until he does comply or complies with a purge amount.
If he is living in NC and has been for the last 6 months, he would be considered a resident of NC.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
Hello,
I have been trying to get help with my situation for years in Cleveland County Nc. That is where my child support order was through. My 3 children are since grown but my ex never payed his $80 a month, yes i said $80!!! That’s for 3 children!!! Because he worked under the table doing construction and always went into court and lied about his wages. He would tell the judge that he was only making minimum wage and at the time of our last appearance in 2011 , he stated he was only making $6 an hour. I even took a copy of a check he had signed for in the amount of $10,000 that was made out to him from a job he did into court ; and all the judge did was make him sign a paper promising to sign over any income tax to child support. That didn’t happen because he just got someone else to claim his others kids he has two with his second wife, on their income tax . Tax fraud?
Cleveland county stated that he only owed $500 in back support. My calculations were a little bit different of course, i had him at around $19,500 but i digress. Therefore, they just closed my case without my knowledge when my daughter, our youngest, turned 18 .
Now he suddenly has the money to take my children and grandchildren on lavish vacations . Is there anyway i can get my child support from him ? I don’t know who he works for , he does file income tax now though because he thinks he’s free and clear.
You have ten years to collect on past due child support. This is ten years from the time it was due.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
