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North Carolina mother struggles with child custody judge

When parents cannot make decisions during the divorce process, it usually falls upon a judge to do so. The judge may have to determine how much in child support one parent pays, the amount of time that children spend with each parent and this requires studying all of the facts in the case. Generally, a judge uses a child support formula to determine what an appropriate monthly payment is for the non-custodial parent. The formula considers the parent’s income, financial status and other important factors.

In 1999, a North Carolina mother divorced her husband, who agreed to provide health care insurance and pay a monthly support for their child. Now, however, she is trying to force a judge to abide by a state Supreme Court decision which overruled the judge’s decision to lower the balance of the $40,000 her ex-husband owes in child support to just a little over $12,000. 

It has been over two years since the high court’s ruling and the mother says that the original judge has delayed any action on the order. As a result, the woman has submitted a new filing asking that the original judge be removed from the case and that the order of the high court to re-issue a new order on child support be fulfilled.

It is not known why the judge has failed to make a new ruling in the child support case. When a parent fails in their financial obligations towards their children, it can create difficulties for the other parent. If you are dealing with a child support issue, it may be in your best interest to talk with an experienced attorney.

Source: The West Virginia Record, “N.C. woman says Kanawha family judge not following Supreme Court’s order,” Lawrence Smith, May 13, 2013

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