Thank you for choosing JustAnswer. My name is XXXXX XXXXX I will try to assist you. To answer your question your first step should be to call the local child support office and get their help. It will not cost you anything and their function is to help collect support payments. Child Support enforcement can also seek criminal action against your ex for not paying.
If that does not work, you can hire an attorney and file for contempt to get funds paid. In many cases this can become an ongoing ordeal with additional legal costs to you depending on how obstinate your ex is in paying support.
So even though my son will turn 18 in April of 2014......the monies will have to be paid till the balance is zero correct? Also, how hard will child support enforcement try to collect for me after Austin is 18?
Yes the arrears in support are owed to you. The statute of limitations for collecting child support arrears in North Carolina is 10 years. This means 10 years from the date it was due. In your case it would limit support to the time since your child was 7 or 8 years old. The longer you wait the more your lose.
if you file a suit against your husband the arrears ca be reduced to a judgment. CSE is able to enforce that judgment for 10 years after the date of the judgment, even if the original statute of limitations expires within that time. This means if you get a judgment now you have an additional 10 years to collect the judgment amount.
Well the initial monies owed started in 2005...so I better hurry up. How do I go about suing him?
First contact Child Support Services to get their assistance. if they cannot or will not help, you will need to file a motion for Contempt against your husband asking for the total amount due as damages. The Court will order payments to start and make provisions for the arrearages owed.
If you found this answer informative please ACCEPT the answer with the appropriate rating 3 or higher so I may get credit for my answer. If you have follow up questions please ask
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).