Which is best re: Child Support Enforcement?


#1

If you are intending to hire an attorney you should allow them to do it all for you. If you do not intend to hire an attorney it may speed up the process if you file for a motion to show cause and allow CSE to intervene, however that is only true if you file all the paperwork correctly.

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

ROSEN.COM

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.


#2

Well, we now have the proper form to file if we go ahead on our own, but after having notified our local child support office of the delinquency, paying the $25 fee to have them intervene, and being told to wait the 4- 6 weeks for anything to happen, we were told to go ahead and file a Motion to Show Cause and get it on the docket to be heard. We were told this was to let the courts know that there is a deliquency while we wait for the CSE to get approval to intervene, speeds the process up. We were told we could file this ourselves (hence why I’d earlier asked what form to use) or have our attorney do it. We’re about to hire an attorney, but haven’t yet. My husband says we should wait and have our new attorney file it. I think we should go ahead right now and do it ourselves to get it on the docket sooner. The attorneys we’ve interviewed say that by letting the CSE handle it wholly, either way, we can use it as evidence as to why a change in custody shouldn’t happen (from us to her) when we go back to court in June for not paying support. I’m conflicted, though, waiting so long for the CSE to take over, as she’s meanwhile going about spending money like crazy. The justice-wanting part of me wants this to take place sooner than later, but neither of us want this to affect us negatively, if at all, by having done this ourselves. Is there a downside to doing this ourselves, or does it actually work out better?