Legal Question in Family Law in North Carolina

I filed child support in 2012. We cancelled that order in 2014 due to my daughter's dad bullying me to terminate the order. He was initially making around 17,000/year and got a new job making 50,000. He now makes 60,000 and I refiled because he was making sporadic payments, even going as long as 4 months without giving anything. I received the new court order in the mail last week and it stated that they were keeping the old order in place for $150/month. How is this possible when his income has increased, and we had a written, notarized agreement for $400/month? I did not go to court because the letter stated I did not have to. His attorney went on his behalf.


Asked on 1/17/16, 4:06 pm

1 Answer from Attorneys

You need an attorney - from your question, it appears you clearly have the complete wrong idea how this works. First, only a Judge can enter, modify or cancel an order - not you,. Even if you consent, a Judge still needs to sign off on it. Otherwise, its not an Order So you may think 'we' cancelled something but I assure you it was not a Court Order without a Judge being involved. Second, he isn't 'giving' child support like he has some sort of choice - he pays it. Finally, you need to stand up for yourself or better yet hire an attorney to do it for you or work with child support enforcement. Quit allowing him to bully you - there's no need for you to have contact with him at all if he can not conduct himself appropriately. If you have proof of his income and the fact he has missed payments give it to your attorney or child support enforcement. And the next time the other side says 'you don't need to go to Court - how about not believing them! Best of luck to you!

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Answered on 1/17/16, 7:01 pm


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