Visitation & Child Support

Custody and child support are separate issues to the courts. He has every right to visitations with his children regardless of whether or not he ever pays child support. You need to take some sort of action so that this behavior does not continue. If custody has not been agreed on or court ordered, then they both have equal rights to the children.
Work the calculator and see what he should be paying in CS. She can file for child support but they will go by the guidelines. If he’s paying less than what the calculator states he should be paying then it’s possible that she could file for support as a means of getting back at him, but if he’s paying more…well, she can be reminded that $x amount is all she would get if it goes to court. Child support can be modified every 3 years; with a significant lifestyle change; or 15% income change.

If you file an action for custody, his ex will almost certainly move to modify child support.

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

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.

My husband hasn’t seen his children in nearly 6 months. We are now (again) considering taking legal action. We do not currently have court-ordered visitation since they handled their divorce themselves.

We are concerned that his ex will try to get more child support as “revenge” for taking her to court over the visitation.

What are the chances that the court will address the child support during a visitation case?