Legal Question in Family Law in North Carolina

kids across stae line

me and my wife had a divorce 11 years ago and every thing was fine, i got to see the girls all the time and the x took them all the time to my moms.but then out of the blue she got up got the kids and everything out of her house and took the kids and did not tell anyone. now it is ten years later and i found my daughters and they are scared to tell there mom they found me because she told them if she ever saw me she would go after me for back child support.but she took the kids and they went accross state lines. we nevered filed for custasie of the kids it was a simple $150.00 divorce.

is it unlawfull to do what she has done or should i look for a $75,000.00 bill in the mail and not be able to do anything


Asked on 2/06/09, 7:03 am

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: kids across stae line

Under NC Law, If there is no court order on child support and no legal contract for child support, there is a statute of limitation of 3 years. If the children are under the age of 18, she could bring an action against you for child support but is limited to three years IF you file the appropriate Affirmative Defense. You should get a lawyer to help you with that.

If there is a separation contract that includes child support, that would be addressed under contract law.

If I am reading your post to say no contract ; no court order, you should be fine (at least limited to a liability for only three years under NC law).

Meeting with a NC Attorney is not expensive if you use the NC Bar Referral Program (only $30). I encourage you to use it.

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Answered on 2/07/09, 7:38 am


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