Temporary custody and held child support


#1

I had been married since 1997 with one child born of the union and two children from my previous marriage. In 2011 my wife left me and all of the kids initially for a wealthy man 30 years her senior. Late 2011 she asked for our daughter (from our marriage) to live with her. In 2012 she asked for voluntary child support and I complied and filed through the local CSE office. In Oct 2014, she text me one evening saying she met another man and was moving with my daughter to Tennessee to live with this man. I filed an ex parte motion and received temporary custody until a custody hearing could be heard. At the same time I filed for absolute divorce. Absolute divorce was granted Dec 29, 2014. I have paid child support since 2012 and it was still being taken from my paychecks. I asked my attorney about the child support and was told that I could either file another motion to modify or[u] the funds could be held until the custody determination. I chose to let the funds continue to be withdrawn,but not dispersed to my ex. We went to court in June and she was awarded residing custody because I work out of town too much. My attorney filed a motion for modification for me to receive the held child support. (Oct -Jul the time I had court ordered custody). I attended the hearing today, only to find out that the funds were dispersed to my ex a month ago and that I will only receive the monies held from the time the modify order was filed (June 9th) until my daughter goes to live with her mom (July 25). Was I given incorrect information? Could the child support modification motion have been joined to the absolute divorce {N.C.G.S. § 50-13.5.}? or the temporary custody order? Does it have to be a separate motion? Is there anything I can do to fight this and get the money back?


#2

Your modification should date back to the day you filed for the modification, not the date the order was entered, unless your order states otherwise. Your complaint for absolute divorce was a separate process, and it wouldn’t have been proper to join the child support motion to that cause, but you could have filed it simultaneous with the motion to modify custody.