Legal Question in Family Law in North Carolina

My daughter is getting a divorce and we have paid her attorney and she has gotten sole custody of the minor child and visitation for the father and child support which is supposed to paid. The child support has not been paid since January and she has tried withholding visitation. He is threatening to involve DSS and no one seems to want to invoke the non-payment of support. She went to DSS today to see what they can do and they say it will take another 5 or 6 months to do their paperwork. I have never felt so helpless and 'not in control' in my entire life. I am just at a loss as to what to do... He held up two establishments in this town at 'gunpoint' and got off with just a bit of probation. He has been in and out of two rehabs since January and he is still seeking drugs. What can we do??? Where do we turn???


Asked on 10/19/12, 12:45 pm

1 Answer from Attorneys

It is improper to with hold visitation due to non-payment of child support. In the eyes of the Court it will make your daughter look like just as much of a jerk as he is for not paying the child support. Was the fathers criminal behavior and drug problem you mention done before or after you hired the attorney to etablish support custody and visitation? If it was done before - you should have brought up those facts then. If it was done after, consult with your attorney to see if this criminal behavior and drug problem can be used to limit or stop visitation. As to the non-payent of child support - if he doesn't have the money - you're most likely not going to get it. If he has the money and just isn't paying, DSS is slow but they will eventually most likely get what is owed.

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Answered on 10/19/12, 3:05 pm


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