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  1. #1
    Join Date
    Sep 2014
    Posts
    6

    Default Child Support Obligations After a Protective Services Removal

    My question involves a child custody case from the State of: NC
    I was paying child support and I owed arrears from a time when I had my children. (The NC judge said my ex had custody on paper and was entitled to support even though I had the children)

    2 years ago Social Services took in my child and refused to return him to that house. My support went to them, they got custody for me in court, then sent him to me in Ca. My child support stopped but my payment on the arrears continued. I filed to get support here in Ca 16 months ago but never got a hearing as NC kept saying they could not locate her.
    My child who will be 18 in 70 days left to go to NC on a visit a few weeks ago and decided to stay. My ex enrolled him in school without my permission or signature.

    Just today on the North Carolina support site I just saw my ex has a hearing for "a review of terms" on 10-23 and I was told it was to get support. I have not been served with any papers. I expect she is looking for money.
    I have 100% custody.

    Can she get support with me having 100% custody and him being there without my permission?
    Do to a graduation with our other child in a 3rd state I can't be there on that date. How do I continue it? I was told by the court to ask child support. What if they say no? I have not been served and the hearing is only 3 weeks away

    Should I file for custodial interference? (I didn't as I figured by the time I got a hearing he would be 18)

    This was their choice, not mine?
    My last question is if I pay off the arrears tomorrow is that case closed and will she have to open a new case to get support?


    Thanks


    I make 400 a week and spend all my saving with his move here.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Child Support Obligations After a Protective Services Removal

    When your child turns 18, he can choose where he lives. If your support order provides for post-majority support, the parent providing custody can seek child support.

    I think a court would regard a motion to try to compel the return of the child to your home, filed in response to a motion for child support, as an effort primarily motivated by money as opposed to a desire to actually exercise custody, and may also see it as an inappropriate move given that the child is almost 18, is enrolled in school at his present location, and would not benefit (and might suffer significant educational harm) by having to transfer mid-semester.

    If you wish to have a court date adjourned, you can ask for the parties to stipulate to an adjournment or, if that fails, file a motion. If this is an administrative hearing with the child support agency, they may be able to adjourn it upon your request or provide for you to attend by phone -- but you need to ask.

    If the scheduled hearing is only about your arrears, then your payment of the arrears should obviate the need for the hearing. If the scheduled hearing involves a petition by your ex- for child support, which you've indicated is probably the case, then payment of the arrears won't resolve that part of the hearing.

  3. #3
    Join Date
    Sep 2014
    Posts
    6

    Default Re: Child Support Obligations After a Protective Services Removal

    Thanks very much!
    Do you have an opinion as to if she can get support with no custody?
    When the shoe was on the other foot>>The NC judge said my ex had custody on paper and was entitled to support even though I had the children)
    Now I have custody on paper.

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