Withhold Child Support

You need to file for child support and you need to do it right away. A verbal agreement isn’t going to be enforceable but I would gather everything you can to show the deposits into your account that you made from previous payments he gave you. I hope he didn’t by check.

Do you have any court orders or a separation agreement that mentions insurance or child support at all???

Yes - he registered with child support agency 10 years ago so I guess I can go there.

I guess I’m not understanding the reasoning behind not paying child support after being found guilty of giving your child a black eye, court ordered therapy and a lecture by the judge to both of us about divorced kids and working it out to get the kids relationship on track with their father.

His attorney came up with some ancient 1873 law where you are allowed to discipline your child short of breaking a bone. Judge didn’t buy it because he wasn’t charged with that - he was charged with misdemeanor child abuse on a 14 year old.

Guessing he’s appealing but even then I wouldn’t think you can stop paying support. What does one have to do with the other?

If he is not paying child support then you can file an action in court and ask the court to order your spouse to pay child support.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

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 ex was found guilty of misdemeanor child abuse. The Judge ordered that he receive individual therapy, family therapy and if not complied with by the next court date of December 5th - the State could then ask for resentencing.

The following day I sent an email to my ex asking for the child support which was several days overdue. He said all future communications should go through his attorney. I contacted the attorney to ask for the child support and got the expected blow-off dumped into voicemail routine.

Can my ex withhold child support? We had a verbal agreement we made back in 1998 and though he didn’t pay on time - he paid. He’s now taken her off his insurance and refuses to pay for the counseling she needs as well.

I don’t understand why he would do this and I’m sure his attorney would advise against it. What action should I take at this point?