Greetings. You are in a pickle because if child support is paid pursuant to an agreement, you will need to file a Breach of Contract claim to obtain the past due funds and the NC Child Support Enforcement Agency cannot help you with this. If you file with child support enforcement, it is likely that the court will only use his actual income, as they rarely deviate from the child support guidelines. I recommend that you hire an attorney to help you deviate from the guidelines and to try to impute income to your ex. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.