Legal Question in Civil Litigation in North Carolina

Re: Clerk of Court refuses to follow court order

This is an immensely complicated question. As a general matter, all claims for expenses (including medical expenses) for the child until age 18 are those of the parents, and not the child. Therefore, technically, that claim was yours and was not the minor's. Hence, many people (including Clerks) take the position that funds for the minor's expenditures should not be taken from the minor's settlement money. The only exception would be if it were a "necessity," and if the parents did not have funds for the item. In such a case, however, the Judge should have the authority to direct the Clerk of Court to disburse the funds. I cannot understand why the Clerk would not follow the Judge's directive. As a general matter, the Clerk would seem to be required to follow a Court order. A failure to do so would seem to me to subject the Clerk to being in contempt of court (and subject to monetary and other sanctions). Perhaps you could get an Order that is more focused (i.e. that does not give the clerk any wiggle room to insist on the contractor working for costs). Without more information, it is impossible to give a more thorough answer. Here are some important questions: (1) were you represented by an attorney, (2) did you receive separate funds for the minor's expenditures, (3) was the settlement court-approved, (4) is your claim now barred by the statute of limitations (it seems so), (5) what exactly does the Order say (the Order allowing the disbursement of funds). As for the interest rate, you could try to get authority from the Judge for a different investment. Perhaps the clerk has that authority. The Clerks tend to be conservative about a minor's investment, to avoid losses to the funds. Assuming you had a lawyer assisting you, I strongly suggest you continue to work with him or her.