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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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My ex-husband owes me $83,000.00 in child support (rears) I

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My ex-husband owes me $83,000.00 in child support (rears) I have not pushed the issue because he does not make that kind of money anymore, and actually went to court with him last year to tell the judge that I wished not to push the issue....so now what do I do we NEED that money. Also, my son who is 17-turning 18 in April 2014, was living with him the last couple of months and was hit on several occasions, and he ran away from there and is currently in hiding....so my husband called DSS and told them that I allowed my son to smoke marijuana...I am obviously livid, and ready to pursue the monies owed to me. Is it too late to go to the local Child Support Office, and/or should I hire an attorney and give them some of the monies owed to me in order to get the money. Which would help pay for my son's education.
Submitted: 1 year ago.
Category: Family Law
Expert:  Jack R. replied 1 year ago.

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.

 

Customer: replied 1 year ago.

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?


 

Expert:  Jack R. replied 1 year ago.

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.

 

 

 

Customer: replied 1 year ago.

Well the initial monies owed started in 2005...so I better hurry up. How do I go about suing him?


 

Expert:  Jack R. replied 1 year ago.

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

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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Jack R.
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OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law