Legal Question in Family Law in North Carolina
child support
My husband's ex-wife has applied for child support for their 12 yr old son. In the original divorce agreement, they were granted joint custody with no child support payments required on either part. Because of a turbulent relationship I have had with my stepson over the past 2 years, we have changed the living arrangements several times because he would get mad with me and want to go live with his mom. As of last summer, he started staying with her Sunday night through Friday afternoon, whereas he was staying with us Wednesday night through Sunday night. Six months ago, she had another child with her present husband and now she is wanting child support for my stepson, stating she ''can't afford to feed him''. My husband tried to talk to her and get her to let us keep him as in the original divorce agreement, but she refuses to work anything out.
She only works part-time and we feel she is using this situation to try and get money out of my husband without having to work. Our question - how can she sue for child support when they have joint custody, and why can't my husband just take the sheriff to her house and demand that she let us keep his son according to the original divorce agreement??
Thank you.
1 Answer from Attorneys
Re: child support / NC change of circumstances
You say she "applied for" a change in the child support ... I'm guessing she filed a motion in the court case. She will have to and probably can show a change of circumstances since y'all have been letting her keep the boy the last 2 years on more of a full custody arrangement. In most jurisdictions, the sheriffs aren't going to just go pick up a child without a new judge's order telling them to do so. It sounds like your husband is probably going to end up paying some child support since y'all let the circumstances change from when the original joint custody order was entered. Child support is based on the custody arrangement and both parents' incomes. Sometimes the Court will impute a full-time income to a parent who is not working full-time, but it is usually based on past pay history. Also, be careful what you ask for; increasing her income, also increases the total amount of child support and could increase the amount of child support he may be forced to pay. It sounds like he needs an attorney to try to sort out the situation. His best bet might be trying to reach a settlement with her that can be put into a consent custody and child support order.
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