Legal Question in Family Law in North Carolina
Blackmail? What to do?
My ex indicated he would settle for a lump sum payment of a specific amount to cover child support. Then he said that we settle child support or he would call a company that I owe money to. I consider this blackmail and what is to stop him from doing it again if he wants to get something out of me again. As I understand, blackmail is a misdemeanor in NC. I haven�t done anything about it and I don�t know what to do, but this makes me not want to try and settle. However, I would be willing to give him a few hundred dollars and wait. Before the blackmail, I suggested he start a Child Support case.
1 Answer from Attorneys
Blackmail is a crime in North Carolina - see copy of statute below. He potentially could get into trouble if you can convince law enforcement to investigate or a magistrate to issue a warrant. Typically blackmail needs to be in writing so without definitive proof in writing - you may not have a case. Not so sure if threatening to help a creditor merely 'find you' rises to the level of 'blackmail'. Also, unless he is trying to get more child support than he would ordinarily be entitled to, he may be able to claim that he has 'reasonable cause' to motivate you to pay child support. In any event, clearly you should not be making any deals with someone who exhibits this kind of low character. Further, child support is always an 'open' issue until the child ages out or one of the parties dies. So you are correct that even if you did agree to a lump sum payment there is nothing to keep him from going back on his word. Best of luck to you!
� 14-118. Blackmailing.
If any person shall knowingly send or deliver any letter or writing demanding of any other person, with menaces and without any reasonable or probable cause, any chattel, money or
valuable security; or if any person shall accuse, or threaten to accuse, or shall knowingly send or deliver any letter or writing accusing or threatening to accuse any other person of any crime punishable by law with death or by imprisonment in the State's prison, with the intent to extort or gain from such person any chattel, money or valuable security, every such offender shall be guilty of a Class 1 misdemeanor.