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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116817
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My brother current resides in Florida and owes approximately

Customer Question

Good morning,
My brother current resides in Florida and owes approximately $5500.00 back in child support, however, that was based on when he had a job making $70k a year, he is now making minimum wage in Florida and was unemployed before that for almost 9 months and they are still calculating his child support based on his previous income of 70K, he said he cannot go to North Carolina to have this modified because the laws up there are very strict and that if you owe any child support, they just lock you up, which doesn't make sense, because how can you catch up, if you are locked up. Meanwhile, his amount continues to increase at the salary that he hasn't made in over 4 years. HELP!
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Until he goes to court in NC to modify the support, the arrears will keep growing and he cannot change that. If you want to help him, the only help available is to get him an attorney in NC and file a motion to modify. If he does not file the motion to modify, then the court will eventually suspend his license and send notice to FL and his drivers license will be suspended. They will also eventually issue a warrant for him and if he is stopped by law enforcement they will have no choice but to arrest him on the warrant.
I understand his fear about being locked up and that this is a realistic chance, but unless he gets an attorney to go to court in NC, this problem will just get worse not better.