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will he have to pay cs if he doesn't have a job? North Carolina

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  • will he have to pay cs if he doesn't have a job? North Carolina

    Ok i have file for child support against the father of my children, we have two small girls. I have sole physical and legal custody of our girls but it isn't court ordered, it is a contract that we made up addressing custody, support and visitation. It is signed, notarized and filed with the deeds office. So i know that at most i could try and sue him for breech of contract if need be. Neither of us have the money for lawyers so we both agreed that the contract would do, we are trying to be civil because he knows that the kids are better of with me and he doesn't fight me on. However i do plan on getting court order custody as soon as i can get back up on my feet and have the money for a lawyer.

    So far he has followed most in the contract, except for some minor things, that because of his financial situation he hasn't been able to do, which i understand and do not push the issue. However he doesn't pay a dime of the child support that we agreed upon. He said that he now doesn't agree with the amount we set. I am really trying to work with him, so i told him that whatever he can afford but i need something to help with expenses, mainly daycare. I make too much to get assistants but it is only enough to keep my head barely above water.

    He has visitation. But has only come and seen them twice. Our oldest daughter, who is 6, calls him several times a week and leaves him messages and he won't return her calls, it is really taking a toll on her. He agreed to come see them last weekend and never showed when I asked about it he said that he was too hung-over and didn't want to get out of bed.

    Our daughter behavior has turned a 180, she doesn't listen anymore and is acting out at school, which is not like her. I spoke with the school and starting next week the counselor is going to meet with her because she won't talk to me.

    But two weeks ago their dad has quit his job thinking that being unemployed he doesn't have to pay child support. Even if he is jobless will he be told that he has to pay? He was working when i file. Our court date isn't until the end of October. This court date is only for child support, but i would like to know what to expect. Anything would be great!

  • #2
    Originally posted by wildflower View Post
    Ok i have file for child support against the father of my children, we have two small girls. I have sole physical and legal custody of our girls but it isn't court ordered, it is a contract that we made up addressing custody, support and visitation. It is signed, notarized and filed with the deeds office. So i know that at most i could try and sue him for breech of contract if need be. Neither of us have the money for lawyers so we both agreed that the contract would do, we are trying to be civil because he knows that the kids are better of with me and he doesn't fight me on. However i do plan on getting court order custody as soon as i can get back up on my feet and have the money for a lawyer.

    So far he has followed most in the contract, except for some minor things, that because of his financial situation he hasn't been able to do, which i understand and do not push the issue. However he doesn't pay a dime of the child support that we agreed upon. He said that he now doesn't agree with the amount we set. I am really trying to work with him, so i told him that whatever he can afford but i need something to help with expenses, mainly daycare. I make too much to get assistants but it is only enough to keep my head barely above water.

    He has visitation. But has only come and seen them twice. Our oldest daughter, who is 6, calls him several times a week and leaves him messages and he won't return her calls, it is really taking a toll on her. He agreed to come see them last weekend and never showed when I asked about it he said that he was too hung-over and didn't want to get out of bed.

    Our daughter behavior has turned a 180, she doesn't listen anymore and is acting out at school, which is not like her. I spoke with the school and starting next week the counselor is going to meet with her because she won't talk to me.

    But two weeks ago their dad has quit his job thinking that being unemployed he doesn't have to pay child support. Even if he is jobless will he be told that he has to pay? He was working when i file. Our court date isn't until the end of October. This court date is only for child support, but i would like to know what to expect. Anything would be great!
    First, as you were advised in your other thread, that contract is unenforceable. You really need to get a custody and visitation court order. As was advised in July, you do NOT have to hire an attorney for that.

    Your ex will be imputed an income for CS. Typically, the court will impute his last known income unless he can prove that he is unable to earn the same as before. (quitting his job is going to be viewed as a voluntary unemployment).

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    • #3
      how?

      how do i get custody court ordered? last time i went down to the court house and asked about it i spoke with two different people and they told me that i couldn't do anything without a lawyer.

      although their dad said that he would never cross the line and try and take the kids, he knows that they are better off with me. I would feel much better if it were court ordered. but I don't want to be court order to have to let the children go with him alone. We agreed that any and all visitation would be on my terms, i don't want that changed.

      i must have spoke with the wrong people at the court house. so how do i get this done? I appericate all the help!

      Comment


      • #4
        Originally posted by wildflower View Post
        how do i get custody court ordered? last time i went down to the court house and asked about it i spoke with two different people and they told me that i couldn't do anything without a lawyer.

        although their dad said that he would never cross the line and try and take the kids, he knows that they are better off with me. I would feel much better if it were court ordered. but I don't want to be court order to have to let the children go with him alone. We agreed that any and all visitation would be on my terms, i don't want that changed.

        i must have spoke with the wrong people at the court house. so how do i get this done? I appericate all the help!
        I've looked on the NC court web sites and cannot find any petition forms for establishing custody. The only thing you can do is to get a consult with an attorney, they may know where you can find the forms to file.

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