Legal Question in Family Law in North Carolina

Non IV-D Child Support

How long should it take for a non-IV-D child support order to be signed and enforced? I went to court on 10/22/01 and to date 1/17/02 I have not received any child support that the judge ordered to go into effect 11/01/01 for a modification and 12/01/01 for $50 more for the arreages wage withholding was also ordered. Despite many calls and letters to the court house I can't get a straight answer. The only thing they tell me is that they haven't gotten the paperwork yet. I told my child's father that he is still responsible until the withholding starts. But this has fallen on deaf ears. He is still responsible until the the withholding starts right? Is there some sort of law that governs the amount of time the court has? What else can I do -I live in MD now - I didn't have an attorney for the modification case and the attorney I retained for the initial proceeding for custody and support won't return my calls. I lived in NC at the time. Needless to say the arreages are getting further behind.


Asked on 1/17/02, 2:54 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

Re: Non IV-D Child Support

Since you're trying to deal with a North Carolina order having moved to another state, I suggest you go to the child support enforcement office in the county where you live and seek their assistance. You didn't indicate, but the court that entered the new order should also have put an earnings withholding order into place. This requires the father's employer to deduct the child support payment from his paycheck and send it either directly to you or to the court for transmittal to you. Unless he's self employed, this relieves you from having to "chase" him to collect the support. Sometimes it takes 60 days or so to process a new support order, which could account for the delay in your having yet to receive payments.

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Answered on 1/17/02, 10:25 am


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