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North Carolina Child Support Questions & Answers
Q: Legal options in divorce: alimony, property division, child support and house rights?
I've been married for 17 and a half years and have a 16-year-old child. I recently discovered my husband is cheating, and he has admitted to it. He left the house three weeks ago and wants a divorce. We jointly own a house, but there is no prenuptial or postnuptial agreement. Initially, he... View More 
Angela L. Haas
answered on Jul 9, 2025
answered on Jul 9, 2025
You've done a great job laying out some very important facts about your family relationship, and what you believe your husband is willing to agree to. To answer your question: based on what you've stated, it doesn't sound like he has any grounds to kick you out of the house.... View More
Q: Should I file a motion to dismiss child support arrears leading to jail threat in NC?
I am an environmental officer in Columbia, SC, and have been on child support for my son, who is now 19. During the time when I missed payments, I underwent three knee surgeries and applied for disability, which affected my ability to pay. My doctor sent medical documentation to the DSS, yet the... View More
Ethan A. Trice
answered on Mar 11, 2025
answered on Mar 11, 2025
Unfortunately, you cannot generally modify an arrears amount. If the party that is owed it still wants it, you can't modify. Each county is different, but I'm surprised they're actively threatening jail if you are making payments. If there is a threat of contempt of court, then you... View More
Q: Why is my tax refund on hold for child support?
I have been receiving deductions from my paycheck every two weeks since October to pay for back due child support. Despite this, the Child Support Enforcement sent me a letter requesting the first two pages of my tax return and my ID so my tax refund can be released. There weren't any issues... View More
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Stephen Edward Robertson
answered on Mar 10, 2025
answered on Mar 10, 2025
Both federal and state law include mechanisms for enforcing child support by tax intercept for collection of past due child support. The North Carolina Supreme Court has determined that if an obligor is currently paying the monthly amount required by the child support order and is current with a... View More
Q: If me and the father agree on a payment and terminate the court ordered child support, will they cut off my gvmnt assist
Me and the father have been speaking about maybe terminating court ordered child support but I was told they would take my Medicaid and food stamps for them as well and for me
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Jonathan David Breeden
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answered on Jun 18, 2024
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answered on Jun 18, 2024
It depends. I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.
1 Answer
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Child Custody, Child Support, Domestic Violence and Family Law
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North Carolina
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Q: Will NC force child support?
My child and I have a restraining order against her father. DV survivor. I receive SNAP and Medicaid benefits. He has not responded to being served, but worried NC will force child support before I can petition to have him removed for abandonment to keep him away permanently. Advice? How can i... View More
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T. Augustus Claus
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answered on Jan 3, 2024
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answered on Jan 3, 2024
In North Carolina, child support is generally determined by guidelines that take into account both parents' incomes, the number of children, and other relevant factors. The fact that you have a restraining order against the child's father and have been a survivor of domestic violence may... View More
Q: How can I get a divorce if my husband refuses due to child support concerns?
I have been married for 18 years and have been separated for over 2 years without legal separation. My husband refuses to give me a divorce because he doesn't want to pay child support for our 16-year-old, who lives with me full-time. He claims to have paperwork but hasn’t initiated... View More
Melissa Averett
answered on Jul 13, 2025
answered on Jul 13, 2025
To be blunt, you need to come up with the money to pay an attorney a flat fee to divorce him. But if you want to get child support that's a separate issue. You can go to child support enforcement on Monday and pay them $25 and they will go after him for child support whether you're divorced or not.
Q: Married 17.5 years, husband wants divorce, child support issues
I have been married for 17 and a half years, and we have a 16-year-old child. I recently discovered my husband is cheating on me, and he has admitted to it. He left the house three weeks ago and wants a divorce. We own a joint house together, but there is no prenuptial or postnuptial agreement. I... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
What you're going through is incredibly difficult, especially after nearly two decades of marriage and with a child still at home. You do have rights, and it’s important to know that your husband doesn’t get to decide the terms of the divorce or child support on his own. Child support in... View More
1 Answer
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Landlord - Tenant, Contracts, Civil Litigation, Real Estate Law, Child Support and Family Law
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North Carolina
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Q: Advice on eviction situation affecting credit and custody concerns.
I'm seeking advice regarding my partner's legal obligations and potential impact on his credit due to an eviction situation with his ex. They lived together in a trailer home where both names are on the lease, but he was the head signer. His ex and her current boyfriend were supposed to... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
This is an incredibly frustrating situation, and your partner has every reason to be concerned—both financially and as a parent. Since he’s still listed on the lease, he remains legally responsible for any unpaid rent or lease violations, even though he no longer lives at the property. The... View More
Q: Am I responsible for $6,000 past due child support if arrears show $0?
I am $6,000 past due in child support, but the child support website for the mother's account indicates I owe $0 in arrears. With no recent changes to my financial situation, am I still responsible for paying the $6,000?
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James L. Arrasmith
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answered on Jul 6, 2025
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answered on Jul 6, 2025
If the child support enforcement website shows that your arrears are \$0, it usually means the state has recorded that you are current on your child support obligations. However, it’s important to confirm whether the \$6,000 in question was ever officially recorded as arrears or if it may have... View More
1 Answer
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Child Custody, Child Support, Family Law and Civil Litigation
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North Carolina
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Q: Can a mother pursue child support from a biological father if legal paternity hasn't been set aside?
A woman altered a DNA test result during her pregnancy to convince a man he was the father, leading him to sign an Affidavit of Parentage and form a strong bond with the child over four years. After their breakup, she ordered a court DNA test, revealing he wasn't the biological father, and... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
This situation raises serious legal and emotional complications. If the Affidavit of Parentage has not been legally set aside or rescinded, the man who signed it is still presumed to be the legal father under the law—even if a later DNA test shows he is not biologically related. Until a court... View More
Q: Can I stop child support payments for children over 18 with a refund received?
I have been paying child support for my two children, who are both over 18 and have graduated high school (one is 21). I received a refund check for overpayments, and the child support is managed through a state agency. The court order specifies that payments should end when they turn 18. Is it... View More
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James L. Arrasmith
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answered on Jul 5, 2025
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answered on Jul 5, 2025
If your court order clearly states that child support ends at age 18 and both of your children are over that age and have graduated high school, then your legal obligation to pay current support should be complete. The fact that the state agency issued a refund for overpayments strongly suggests... View More
1 Answer
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Public Benefits, Child Support, Social Security and Family Law
for
North Carolina
on
Q: Does child support affect Medicaid eligibility for adult with Down syndrome?
I have a 42-year-old stepson with Down syndrome living in North Carolina. He has been receiving SSI since he was 18 and will soon start receiving SSA benefits from my husband's retirement. We currently pay child support to his mother. Will this financial arrangement affect his Medicaid eligibility?
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James L. Arrasmith
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answered on May 8, 2025
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answered on May 8, 2025
Your situation involves several important considerations. When an adult with a disability transitions from SSI to SSA retirement benefits through a parent, this change can affect their Medicaid eligibility. In North Carolina, individuals who receive SSI are automatically eligible for Medicaid, but... View More
Q: How can a father disestablish paternity in NC if previous tests conflicted?
I had a DNA test when I was 14 weeks pregnant, which confirmed him as the father. In 2023, he did another DNA test that indicated he is not the father, but he didn't inform me of this result until November 2024, after I served him with a child support order. We have a court-ordered DNA test... View More
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James L. Arrasmith
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answered on Feb 19, 2025
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answered on Feb 19, 2025
In North Carolina, disestablishing paternity after previously acknowledging or establishing it can be quite challenging, particularly given your unique situation with conflicting DNA tests and an existing custody arrangement.
Your case presents several complex factors that could affect the... View More
Q: If I terminate child support order for the father will they cut my government assistance off
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Jonathan David Breeden
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answered on Jun 18, 2024
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answered on Jun 18, 2024
I would contact my child support caseworker and my Medicaid and Food stamps workers and find out what the laws about this are in your jurisdiction. You could lose the benefits by stopping the child support so you need to find out what your workers say about it.
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement
Can i just take my child off Medicaid ? Or are there other options
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Stephen Edward Robertson
answered on Jun 13, 2023
answered on Jun 13, 2023
In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More
Q: I have been separated for 10 years, I am trying to get divorce but I am unsure what type of divorce I should file for.
I moved back to my country 3 months after getting married due to immigration reasosns. My ex filed a peition for me to come back as his spouse but by that time he was already in another relationship. I currently work but also support our child and have been for the past 10 years. He only helped the... View More
N'kia (NLN)
answered on Apr 3, 2023
answered on Apr 3, 2023
In North Carolina, there is really only one type of divorce -- "Absolute Divorce." However, when someone files for divorce, child custody and child support aren't automatically included. Also, the appropriate place to file for child custody or child support typically depends on where... View More
Q: Can my ex-wife file child support against me for a child she had with a man while we were separated? Raleigh, NC
We have been separated since 2020 and both entered different relationships. My ex wife got pregnant in 2021 by a man and gave birth early 2022. We were finally able to be divorced on 2/2023 but now she is trying to file child support against me. How is this even possible? Could she have legally... View More
N'kia (NLN)
answered on Mar 31, 2023
answered on Mar 31, 2023
In North Carolina, when a woman gives birth to a child while married to a man, the man is legally the father of the child. It doesn't matter that the man and the woman are separated, only whether they were legally married. A man who doesn't believe he is the biological father of the child... View More
2 Answers
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Bankruptcy, Estate Planning, Child Support and Collections
for
North Carolina
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Q: A creditor has a summary judgement against me. I had a lawyer look over exemption paperwork. What's next?
I live in NC. House is fully protected by TBE. All assets are 100% fully protected. No wage garnishment in NC and I cash my paper check at a check cashing business. I deal in cash only. I have no bank account. I tried to negotiate with them before they sued and because they didn't work with... View More
Lynn Ellen Coleman
answered on Nov 13, 2022
answered on Nov 13, 2022
If the judgment is accruing post judgment interest, you may wish to consider filing bankruptcy or settling rather than waiting it out. Judgments are good for 10 years and are easily renewed for another 10 years. Your only dangers in waiting them out is that your assets may appreciate and become not... View More
Q: Can I apply for child support from spouse after getting separated for 2 years, without getting a divorce?
My spouse and I have been separated for 2 years, can I get a court order for child support for our 4 year old child without applying for a divorce?
Mr. Albert Loch Saslow
answered on Sep 12, 2022
answered on Sep 12, 2022
Sure. There is no requirement that both actions are handled together. However, I do question why you haven't been divorced yet. Many family law attorneys offer a "flat-fee" divorce package that isn't too expensive. Alternatively, you can attempt to file it yourself.
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