Hello all, I was wondering if anyone can point me in the right direction. I am a married mother of a 5 year old and my estranged husband does not help financial at all. He s barely around and he refuses to sign the divorce papers (I had him served twice). Is there anyway I can place him on child support although we are still legally married?
I noted that others have all ready told you how to get the support. Just keep in mind that in NC if you want full custody of the child when you get divorced that he most have not paid any support or seen the child in at lest 6 months. I live in NC and just went through all this. Hang in there.
The MOMENT you separate (physically, not legally, a legal separation is different, but also "gets" CS) you can get an emergency child support order through the courts. I'm sort of horrified this wasn't the first thing on your lawyer's to-do list, BEFORE you filed.
And yes. You ARE due back support for all the time he hasn't been paying since you separated, but that requires more legal action to pursue, since he can claim that up until the date you filed that you two were still working jointly.
Looks like everyone else has said what i was going to. I just wanted to add that your child deserves the support and get what you can. Good luck and hope everything goes good.
you have to get a lwayer. your situation is deff in need of some legal direction sorry i couldnt be moe help
I would not think so, he has no court order to pay. You are going to have to file for legal separation or divorce and when he doesn't show up they will side in your favor. The funds can be deducted from his paycheck before he even gets it. If he does show up then he will still have to pay child support but will be able to show cause of why he needs to have less if needed.
Contact your local Child Support office and request an order of support. I am in the process of doing the same thing right now. You do not have to be legally divorced to do so. I believe the site for you state is: http://www.ncchildsupport.com/
Good Luck!
Filing for child support is different than filing for divorce. Did you have an attorney? If you did then fire that person immediately! You should have received a court date when he was served, the first time. If you don't have an attorney then you need to find out the process for filing divorce & also file a motion for child support. And most importantly 'Get a Court Date' . Best wishes.
In addition to what the other moms said, have you looked into a default divorce? My husband's ex-wife also "wouldn't sign" the divorce papers so his lawyer filed a default divorce. It was finalized 6 months to the day after he filed. She had 1 year after that to contest the financial part of the divorce. (But because she was under the impression that she had to sign in order for the divorce to happen, she never paid attention to anything she got in the mail, so she never contested anything. She was shocked to discover one day that they were legally divorced, and had been for a year!)
But yes, child support is a whole other matter. Get a new lawyer right away. You are entitled to child support plus back support, and if he won't pay, the state will garnish his wages. You'll get your money one way or another.
Yes. You don't have to wait until the divorce is final to collect chils support. Contact your local Child Supprt Services for the procedure. Good luck!
