Child Support Court - Case Update

Posted by Kathleen Murphy | Mar 27, 2019

Child Support Enforcement filed an action against our client for the support of minor children.  

The parties separated over 6 months ago and in the interim, based on our advice, the *father was paying the following on behalf of the *mother:  the mortgage obligation, a car payment, health insurance premiums and was voluntarily paying an amount every two weeks for food and gas.  We advised that these payments were in lieu of direct child support payments.

However, because CSE filed an action, the child support obligation will now automatically be withheld from the father's wages so we have now advised our client to stop payments for the mortgage and car payment.  The father cannot afford both child support withheld and the mortgage and car payments.

How did that work out for our client?  The direct payments and the benefits the father was paying totaled approximately $1,000.00 per month and yet the CSE withholding is $900.00 per month.

Why was the father not paying child support directly to the mother?  The mother is in possession of the home yet the mortgage is only in the father's name and the vehicle the mother drives has a loan against it only in the father's name.

How does our client protect his credit?   We prepared a Memorandum of Judgment requiring the mother to make the mortgage and car payments monthly as they become due.  The Memorandum of Judgment is like an agreement only it is signed by a judge and it was entered in the parties' Equitable Distribution action.

In conclusion, at the beginning of the case 6 months ago, our client protected his credit and paid child support and today, although the client is having wages withheld yet there is now an Order in place which protects his credit.

*Disclaimer:  terms "father" "mother" are not used to identify the client but rather for ease of explanation of the case status

About the Author

Kathleen Murphy

Kathleen Murphy is graduate of North Carolina State University with a B.A. in Political Science, 1985. She attended Campbell University Law School and received her Juris Doctorate, 1988. Ms. Murphy has been a family law attorney for over 30 years and has limited her practice solely to family law since 1988. On October 1, 2023, Kathleen accepted a position as a senior attorney with Triangle Divorce Lawyers and she can be reached at [email protected]. Ms. Murphy is a member of the North Carolina State Bar, North Carolina Bar Association, NCBA Family Law Section Member, is a trained Family Financial Mediator and a trained Child's Advocate. Ms. Murphy is married to a City of Raleigh Firefighter and has four children, three daughters and a son. Ms. Murphy is a contributor to an International podcast. Crime Stories with Nancy Grace is broadcasted daily and you can hear Ms. Murphy's comments on cases involving victims of family crimes and the impact of family court.