Legal Question in Family Law in North Carolina
Support requirements prior to custody determination
A friend is in the process of trying to get a divorce and custody of the children. To date the original seperation agreement was rescinded when his wife moved back in and filed a reconcilation notice. She moved back out into her fiancee home in June. There has been no temporary custody determined, however, the wife moved the kids back in with her in July- my friend has been authorized visitation, and the court was scheduled to determine temporary custody Nov. 19,02 the court calender stated temporary custody- the judge only detimined child support and order back support to be paid ($3300.00) and rescheduled the temporary custody hearing to Mar. 4, 03. The judge order $630.00 monthly support-and full medical($115.00 out of pocket) to be paid and yet my friend only makes $2000.00 monthly gross- Why would the judge order child support prior to custody? And the amount seems unjust? My friend is going to fire his lawyer and retain new counsel. Does he have any legal recourse to put this on hold until custody has been determined. He has been paying the medical- and has no problem paying support but he can't afford to pay the amount ordered. Thanks
1 Answer from Attorneys
Re: Support requirements prior to custody determination
In North Carolina, child support figures are normally based on the Child Support Guidelines. A calculator can be found at the North Carolina Child Support website. It is reasonable that child support be calculated as soon as possible. The support payments are to feed, clothe, and provide financial support for the children.
Whether there is a formal custody agreement or order in place, the children are still in need of financial assistance. If the amount is impossible to pay given his stream of income and expenses, it is possible to petition the Court for a deviation from the guidelines.
Because the child support is temporary and does not affect a substantial right, it is interlocutory and generally can not be appealed.
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