Anyone have any ideas about collecting child support in North Carolina?

Question

My daughter is 18 and attending college. My divorce decree obligates my ex to pay child support until she is 22 as long as she is
A. Attending school
B. Not dead
C. Not married

Presently I am having to work 2 jobs to make ends meet, making about 26 thousand a year. her dad makes about 66 thousand .
I can't afrord the 1500.00 a lawyer wants for a civil suit, and Child Support Enforcement is not sure if they can help me since my daughter is 18. But they are looking into it.

Does anybody have any ideas? Any Suggestions?

I appreciate any help I can get!

Answer 1

I hate to tell you this, but it doesn't look like he can be forced to pay. Here are the guidelines for child support in NC:

Absent an exception, child support terminates in North Carolina when a child reaches the age of eighteen. The two most important exceptions to this rule, for all orders entered on or after October 1, 1993, are that: 1) when a child is otherwise emancipated prior to age 18, payments terminate at that time, and 2) "[i]f the child is still in primary or secondary school when the child reaches 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation." The other statutory exception to the rule against post-minority support applies to a child who is incapable of self-support. For such a child, the obligation of child support continues until the child is no longer physically or mentally incapable of supporting him- or herself.

If you want to still try to pursue it, there is a provision to recoup attorney's fees.

The custodial parent may have a claim for attorney's fees if the fees are reasonable, the action is for child support only, the party is acting in good faith and has insufficient funds to pay the lawsuit's expenses, and the party ordered to provide support has refused to provide support which is adequate under the circumstances existing at the time the suit was instituted. In evaluating whether the non-custodial parent has refused to provide sufficient support, the court considers the reasonable living expenses of the parent with custody, the child's past and present expenses, and, if applicable, the amount of support the non-custodial parent has provided. In order for the court to evaluate the reasonableness of attorney's fees, there must be evidence as to "the nature and scope of the legal services, the skill and time required, and the relationship between the fees customary in such a case and those requested."

The Rosen Law Firm is one of the best in the state to contact about these matters. See source link below

Answer 2

It is the job of Child Support Enforcement to enforce the decree. If they try to give you the run around, tell them you want to meet with a case worker and would like their legal department to review the case. Also there are companies that will collect child support as long as you have court ordered decree in place. Most of them will not charge you unless they collect.

Answer 3

If you still have divorce decree, you can have same judge (court house) enforce your X finish ogligations set forward in court. Also, some small claim courts will take case for free. There are also programs (some free of charge) that will show you how to enfore divore decree, just check phone book and sometimes the courts have free programs within that can help you, just give them a call. You can also file a continuation on decree for him not following decree. Good luck.

Answer 4

I was given custody of my brother in Asheville, NC. I went to the child support office, filled out a simple form, and they were very helpful. It sounds to me like your child support office isn't doing their job. They are supposed to set up payments for your spouse to pay, and if he doesn't pay, THEY are supposed to pay you and then your spouse owes THEM. Eventually everything will go to court and he will get sued for child support. This is what I did, and I never had a lawyer or paid anything. Sometimes agencies can seem lazy or tell you they will look into things and it seems to take so long you want to give up. But hang in there, call them every chance you get, every day if you have to, go down to the office to check up on your case, and eventually you will get some help.

Answer 5

the best place would be is to go to the courthouse to the child support dept.. they should be able to let u know and if they can't help u then they should put u in touch w/someone who can....