STBX was ordered to pay CS 5 months ago. Has only paid 3 months of it so far. When I call the CS clerk they say I have a private attorney so I have to go thru them to file contempt which would cost me additional money and more than the CS itself. So do I just have to wait until we’re able to go to court which looks like that won’t be until next year. Is the system this unfair and there’s nothing to be done that helps me? Besides paying more money to make the parent pay what they have been ordered to?
It is correct that if your child support ordered was entered in family court (as opposed to child support enforcement agency court, or IV-D court), then to enforce the court order, you must file a contempt motion (called a motion for order to appear and show cause) against the party that has willfully violated the court 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.
So is it possible for me to file that on my own or I must go through my attorney?
Since we can’t get to court anytime soon and it’s under temporary CS can they be made to pay what’s delinquent up front?
You can file anything at any time and represent yourself. Having a lawyer is not required.
There must be a court date to establish child support whether it is being established in family court or in child support enforcement court unless the parties enter a court order by consent. Either way a court order is required.
If by consent, both parties can agree to the payment schedule of arrears.
If a judge is ordering child support, whether in family court or child support enforcement court, then arrears can be ordered back to the time of the filing of the complaint. Arrears can be ordered from before the filing of the complaint if the plaintiff specifically requests and files a claim for retroactive child support.
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.