Legal Question in Family Law in North Carolina

Child Support

My husband has a 12yr old daughter by a former girlfriend. They were never married or lived together as a family, they had broken up before the birth. The decided to work out support between themselves and not go thru the court. Mainly, because he had a support order for twins and she felt she wouldn't receive as much money. At the time both lived in MD area. She has since moved to NC and we live in PA. She is now threating to take him to court for child support, the twins are now 18, and she wants more money. My husband makes about 30,000 a year, we estimate she makes more than he does, probably around 35,000 or more. He pays her $300 a month, and is still paying for the twins, he had arreages and that won't be finished for another year. We also have 2 sons now. Can she take him to court and get back support for the last 12 years? We really don't want to go to court because of this risk. She is also married now.

Thanks

Asked on 10/15/03, 10:02 am

1 Answer from Attorneys

Jim Griffin The Law Office of James L. Griffin
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Re: Child Support

Quick answer-maybe. Since she is now in NC with the children she can likely move for an increase under the NC Child SUpport Guidelines. Both parent's income is considered and each is assigned a percentage of support. If the prior agreement was only an oral arrangement and the amount inadequate for a child, she can likely move the NC court's for a child support order and for any arearages if the amount he has been paying is not sufficient. Example: He paid $300 monthly for 12 years. NC now states that support should be in the amount of $500 monthly. He would likely have arearges of $200 monthly times 12 years.

You should speak to a NC attorney as soon as the mother files for an increase in support. If you want to speak further about this:

jim-dot@ix.netcom.com

Either way, I would speak to an attorney and supply a much more detailed fact situation.

Good luck,

Jim Griffin

Read more
10/15/03, 10:17 am

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