You may not be able to sue the State of North Carolina or the Child Support Enforcement department for negligence. A simpler course of action may to be to request a hearing with the judge regarding your arrearages.
Full Answer
Parents can sue for back child support when the other parent has a legal requirement to pay. North Carolina law requires parents to pay child support based on a specific formula when they do not have physical custody of the child.
North Carolina's Statute of Limitations on Back Child Support Payments (Arrears) The statute of limitations for enforcement of child support orders in North Carolina is is 10 years from when the installment became due, then a judgment can be revived once for 10 more years.
Under North Carolina law, child support typically continues until a child turns 18. However, there are two common reasons for child support to last longer: Many adolescents turn 18 years old before they graduate from high school.
Under the Affordable Care Act, Medicaid eligibility is determined based on the Medicaid household's modified adjusted gross income. This does not include the child support that it receives.
How to Win a Child Support Modification Case1 Take advantage of the rights you already have.2 Reach out to your ex-partner if you think they'll be amicable.3 Solicit free legal help if you can't hire an attorney.4 Do it on your own only if you can't get help.5 Determine what has changed to justify a modification.More items...
18All parents are responsible for supporting their children, unless the parent's rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18.
The non-custodial parent's income is 66.6% of the parent's total combined income. Therefore, the non-custodial parent pays $666 per month in child support, or 66.6% of the total child support obligation.
In North Carolina, an order for child support is a judgment that is good for a term of 10 years from the date the payment is due. If an arrearage exists at the time your child turns 18, the parent who is owed the support may file to renew the judgment for a period of 10 more years.
If the obligor parent fails to pay the full amount of child support, they can face contempt of court charges including significant fines and in some circumstances, jail time.
A mother can get child support from a father regardless of the birth certificate. There is a process to establish his paternity, and once he is established as the father, child support can be ordered.
Under South Carolina law, if a family receives public benefits, it takes only five days of a non-custodial parent, usually a father, falling behind on a payment to trigger a civil contempt hearing that could mean ending up in jail for up to a year.
A parent cannot make an agreement saying the other parent does not have to pay child support. But if parents can agree, they have some flexibility in setting the child support amount, as long as reasonable arrangements have been made taking into account the guideline amount.
In North Carolina, an order for child support is a judgment that is good for a term of 10 years from the date the payment is due. If an arrearage exists at the time your child turns 18, the parent who is owed the support may file to renew the judgment for a period of 10 more years.
Not only will the non-paying parent have to pay the child support that is owing, they may also be subject to the following penalties: garnishment of wages and/or income. seizure of real and personal property including car or home. seizure of insurance settlement.
An interstate case occurs when one of the parties in a support case moves out of state and any of the parties requests assistance from the Title IV-D child support agency in another state. The interstate case results when two or more Title IV-D agencies in different states are coordinating Title IV-D services.
the countyVenue is generally proper in the county (or district) where the offense took place, or where any act or omission constituting a part of the offense took place.
No. Parents can work out a written agreement among themselves and submit it to the court for entry.
The guidelines are the presumption, but a court can depart from them with good reason.
There is no legal obligation for an attorney, but it is always the best idea to have one to keep you from acting too emotionally.