Yes, this is yet another COVID-19 article. However, this article focuses on family law matters in North Carolina. My aim is to help you understand issues pertaining to child custody, child support, alimony, post-separation support, and domestic violence. You may also have a court date that will be rescheduled.
HOW DO I FOLLOW THE CUSTODY ORDER IF I HAVE A STAY IN PLACE ORDER IN MY COUNTY?
Check the ‘stay at home’ order in your county to see if an exception exists for child custody exchanges. For example, Wake and Durham counties specifically allow citizens to travel for the purpose of child custody or visitation. ‘Stay at home’ orders, or directives, will be found on your county or city’s website. Now, there are also provisions of both the Wake and Durham county orders that could be construed as exempting custody exchanges from the ‘stay at home’ restrictions. There are also certain portions of orders that cannot be complied with due to facility closures. If you have a question about your order, feel free to call our office at 919-521-8810.
DO I HAVE TO KEEP PAYING CHILD SUPPORT, ALIMONY, OR POST-SEPARATION SUPPORT?
Every part of a separation agreement and court order must be complied with. Child support, alimony and post-separation support provisions are no exception. If you lost your job or source of income, there is public assistance that is available. Unemployment is still available in North Carolina as are federal assistant loans for small businesses. If you truly cannot afford to make your payment, speak with your ex-spouse or ex-partner and see what you can work out, but make sure you get any agreement in writing. However, do not just make this crisis an excuse to not fulfill a court order or agreement. Courts will re-open and things will get back to normal. You don’t want a contempt action or breach of contract action waiting for you on the other side.