Legal Question in Family Law in North Carolina

parents rights

if you have full custody and your ex husband is behind in child support does he have any rights at all


Asked on 1/30/01, 12:37 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: parents rights

"...any rights at all"? Yes. Judges look at child support and visitation as separate issues and all such issues are to be resolved in "the best interests of the child." You have a right (on behalf of the child) to call child support enforcement to bring an action for support against him. (If you cannot pay, you may not have to pay court costs. They will handle the action on your behalf) If he has the ability to pay and is willfully not paying, at some point he will end up in jail. You need to work out a method to show that you are not just holding the child hostage

so the non-paying spouse/liar will not whine to the judge that you never let him see his child, etc.

If you have a written separation agreement he may be in contempt of any court order that included that agreement so you could try to bring a civil action based on that contract.

Good luck to you. It is a very frustrating time and I have seen men smile at the idea that they are causing distress to the women who need money. It is not fair but you cannot just shoot them.

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Answered on 3/15/01, 5:21 am


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