Legal Question in Family Law in North Carolina

Due to some major financial troubles my daughter and I have moved back in with my ex husband. He is currently under a court order to pay child support and has been for several years. He pays no bills. He lives in a home that is provided for him (rent free) by his family. They pay all utility bills and up until I moved in they were paying his child support as well. I lost all my work when the economy went down the tubes so this child support is all that we have at the moment other than a roof over our heads. I am trying as hard as I can to get work but so far (three months later) I have very little. He is $1,300 hundred dollars behind and his family is telling him they will not pay as long as I am here. My situation is that without this I have nothing to keep me going until I am able to find work. They say a judge will make me "forgive" the support owed and will stop it since I am living in his home. I am DESPERATE for help. I have no where else to go, no family or anyone other than him to go to. I understand that you can not tell me what a judge will do in any particular case but can you give me some thoughts as to how they might look at the situation as he is under a court order.

Asked on 10/14/13, 6:23 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

This is a very tricky situation and I am sorry to hear it is so tough for you. I strongly suggest you find a family law attorney in your area that offers free consultations. The problem is that you are right, there is a court order in effect. But if he is not working ( I am assuming since he pays nothing), then he can motion the court to reduce the child support while he is out of work. Also, the fact that you went back to live with him greatly hurts. A judge will find it interesting to order the continuation of child support to someone living with the ex-spouse.

You need to apply for public assistance by way of food stamps and other financial assistance that you can get as well as apply for subsidized housing, which is based on your income.

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Answered on 10/15/13, 5:24 am

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