What happens if the other parent claims they already paid the child support I’m missing? – North Carolina Short Answer In North Carolina, a claim that child support was “already paid” does not automatically erase an arrears balance. The court (and often the Clerk of Superior Court or the State Child Support Collection and Disbursement…
Can the case be moved to the county where we live, or does it have to stay where it was filed? – North Carolina Short Answer In North Carolina, a child support case does not automatically move just because the defendant lives in a different county. The court can change venue if the case was…
How is property divided after a long-term marriage when one spouse moves out? – North Carolina Short Answer In North Carolina, property is not divided based on who moved out. Instead, the court uses “equitable distribution,” which usually starts with a presumption of a 50/50 division of the net value of marital and divisible property,…
Can the court consider my adult child’s special-needs status when deciding child support obligations? – North Carolina Short Answer Yes. In North Carolina, a court setting child support must consider each parent’s ability to pay, and a parent’s disability and disability income can matter in that analysis. The court generally starts with the North Carolina…
What should my adult child do right away after being served with a child support summons? – North Carolina Short Answer In North Carolina, the safest move after being served with a child support summons is to read every page, calendar the response and court dates, and file a timely written response (or get a…
What can I do if my spouse forced me out and I don’t have stable housing? – North Carolina Short Answer In North Carolina, being told to leave the marital home does not automatically end housing rights or financial rights. Depending on safety and the reason for the separation, options may include asking the District…
How does receiving Social Security disability affect whether someone can be ordered to pay child support? – North Carolina Short Answer In North Carolina, receiving Social Security disability does not automatically prevent a court from ordering child support. The key issue is what type of benefit is being received and what income and ability to…
What happens if my adult child misses the court date or doesn’t respond to the summons? – North Carolina Short Answer In North Carolina, if an adult child who was properly served with a child support (and often paternity) summons does not file a timely response or does not show up for a scheduled court…
How do I start a divorce if my spouse told me to leave and I moved out of the marital home? – North Carolina Short Answer In North Carolina, most people start a divorce by (1) establishing a clear “date of separation,” (2) waiting until the spouses have lived separate and apart for one full…
Can a parent help hire a divorce lawyer for an adult child, and what does the lawyer need from the adult child to get started? – North Carolina Short Answer Yes. In North Carolina, a parent can help locate and even pay for a divorce lawyer for an adult child, but the adult child must…
