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gymdot
05-15-2006, 06:15 AM
Hi, all parties have always lived in NC.

Child turned 18 6 mths ago. will not graduate until June 2007.

The only child support agreement was dropped over 5 yrs ago.

Since then the parents have had a verbal arrangment.

Two years ago mother moved again and did not let the father know where, phone unlisted, father could not even send a new insurance card had to involve a third party to get new card to child.

Now the child is calling "demanding" money from the father has not spoken to in 2 yrs and wants him to help pay for college after high school graduation in 2007 before he can return the phone call the mother calls saying they need to settle this like adults and not children (whatever that means)

Father does not want to go back to court and deal with this he will send money until child graduates.

First, the child does not have his name (offered to change but child was against it) father's name not on the birth certificate and no DNA to establish he is the father.

I think he needs to let this go to court, first to establish a court agreement so the mother can't call and harass him about anything. It will all end next yr anyway. Now someone has told him since she cancelled the last court order and did not establish a new one before child reached the age of 18 the court would not waste their time.

Any suggestions, at this point he wants the least evasive alternative.

Thanks for your time and suggestions

mommyof4
05-15-2006, 06:26 AM
did she LEGALLY dicontinue the support case? Or did she just decide not to enforce the order?

gymdot
05-15-2006, 07:43 AM
She did it at the courthouse, she had to sign some type of waiver to say she had not been threatened etc to drop the child support.

The child moved in with the father for 18 mths, mother moved out of the county/school district and child wanted to finish her last year and half at that school. That is why she cancelled the support order. Then the father continued to send money if when child moved back with mom, until they moved and did not bother to let him know.

Thanks

mommyof4
05-15-2006, 10:56 AM
Well, she can request a new order, but it will not go back and cover the years from when she requested the original order stopped. It will be from the date the petition is filed. If he has been paying MORE than what the guidelines dictate, she would be foolish to do so, but if she is going to get another order, I would suggest that the money your husband is paying go into a savings account until the support is ordered. If he does not graduate from hs before he is 20, or is failing all of his classes, your husband does have grounds to ask that support not be ordered, as the son has reached the age of 18. These are exceptions to continuing support if the child is still in school, but 18. NC child support stops at age 18 or completion of hs, whichever is later, unless the child is incapable (physically or mentally NOT JUST LAZY) of supporting himself.

gymdot
05-15-2006, 11:23 AM
Thank you for your responses. At this point in time I advised him not to make a move, I would wait for her and see what they are doing.

You mentioned grades, he has no idea of the kind of grades, before the move he requested a "copy" of a report card and was told that was none of his business, I told him when the mom said this to contact the school. In NC unless you have a court order preventing the NCP from getting the child and/or info from the school then the school has to supply the information.
His did not intend to use this as a means to not pay but only to see the progress.

I have not been on his or other NCP side of the fence. I myself am a CP have been for 13 years for my 2 DD's and I have full custody and I get my child support.

Thanks

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