Legal Question in Family Law in North Carolina
child withheld but still paying support
My ex lives in North Carolina, I live in Indiana. I am current on support for our child. It has been since 1995 since I have seen or heard from my son or his mother. Prior to 1995 I would initiate contact and try to keep contact till his mother would have the phone number changed or disconnected. I have never received any type of mail from them even when I sent self addressed envelopes so I could receive a picture, anything. I have discussed this matter with attorneys in Indiana and the child support enforcement office. I'm told they can do nothing about it except ensure I pay my child support. When I contact attorneys in NC, I am either snubbed or offered to ''modify'' my visitation for a fee of $2,000. I modified my visitation prior to 1995 and my ex doesn't abide by it nor our original divorce decree, nor is it enforced. I feel I shouldn't be required to pay support for a child that has literally been taken away from me (withheld). I don't understand why my ex hasn't been charged with a crime? Is there any hope for help out there?
1 Answer from Attorneys
Re: child withheld but still paying support
Court Orders are enforceable. They are enforceable by Contempt. Your ex-wife can incur sanctions, including incarceration, for not obliging by the Court Order for Custody/Visitation. A Motion to Compel is the tool for such enforcement. Further, the custody order can be changed so that you get primary physical custody if she is violating the existing order and if it is found to be in the best interest of the child. The Child Support Order and the Custody Order ARE generally independent of each other, meaning that you still need to pay your support even if your ex is not obliging by the Custody Order.
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