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
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Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
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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?