Can a child support order be added?

[82nd Airborne]

North Carolina: We had custody court about 3 weeks ago and I was awarded primary custody. I checked with the clerk of court today and the order signed by the judge has not been filed. Can I still have my attorney list child support in the order before the judge signs it?

 

[justalayman]

Can I still have my attorney list child support in the order before the judge signs it?

what do you mean; list it?

An order is the statement of the court. You cannot modify the order of the court.

and once an order is signed, it is THE order.

You either have to seek to modify the order or seek an order regarding the child support. You cannot stuff it into the current order as you suggest.

 

[82nd Airborne]

I understand that. My thing is if the order has not been signed by the judge, can it be added by my attorney before it is signed by the judge?

 

[justalayman]

I understand that. My thing is if the order has not been signed by the judge, can it be added by my attorney before it is signed by the judge?

was the support even addressed within the hearings where the order you speak of originated?

 

[82nd Airborne]

No it was not unfortunately. I was under the assumption that it would be since I stressed that in the retaining of the attorney. It was for custody and child support

 

[justalayman]

No it was not unfortunately. I was under the assumption that it would be since I stressed that in the retaining of the attorney. It was for custody and child support

then absolutely not. The order is the result of the actions taken within the associated hearing and other involved activities. Child support is corollary to a custody and visitation order but there are issues concerning child support that must be actually addressed by the courts before an order is entered.

so, basically put; if the court did not address child support, you will have to seek that in a subsequent action. and if the court did not address child support, just what would you suggest the attorney 'list'? Support is not something you or your attorney determines. Again, it is for the court to determine the amount of support and they can only do that after proper hearings have been held.

 

[82nd Airborne]

Ok. Thanks a lot! I will file the necessary paperwork.

 

[ecmst12]

Duplicate.