Validity of Child Support

[Prisym777]

What is the name of your state? State: North Carolina
Child out of wedlock I am the father of 1 son who I am desperate to see after separation from my wife. My wage has decreased unexpectedly from a negligent boss who is pocketing my money, I must find another job to fill the gap. I was barely able to scrap by rent with my current GF after paying child support. I intend to fill out a motion to modify. However when the court order was filled for child support and “was served” I was never served my girlfriend was. At the time I was at work and there is no signature from the deputy who had signed the order. She states that two officers delivered the order none of which are named. Just by this action alone can I fight this?

 

[Zigner]

It appears to be valid service:

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1A/GS_1A-1,_Rule_4.pdf

(j) Process – Manner of service to exercise personal jurisdiction. – In any action commenced in a court of this State having jurisdiction of the subject matter and grounds for personal jurisdiction as provided in G.S. 1‑75.4, the manner of service of process within or without the State shall be as follows:

(1) Natural Person. – Except as provided in subdivision (2) below, upon a natural person by one of the following:

a. By delivering a copy of the summons and of the complaint to the natural person or by leaving copies thereof at the defendant's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

("Subdivision (2) refers to people "under disability," which doesn't apply to you.)

 

[Prisym777]

Ok thank you. Some of her information is also invalid on the paperwork. Falsifying her current address, marital status, and her income and line of work. Would this be something valuable in court?

 

[Eekamouse]

Wait, so you're going to let your boss get away with stealing part of your paycheck?

 

[Eekamouse]

Were you paying her child support before a court order was in place?

 

[christian_342]

The lack of a signature from the deputy and discrepancies in the information provided on the paperwork, such as your girlfriend's address, marital status, and income, may also be factors to consider when presenting your case in court.
I'd reccomend to gather any evidence or documentation you have to support your claims and consult with an attorney who specializes in family law in your state.

 

[Prisym777]

Were you paying her child support before a court order was in place?

no

 

[Prisym777]

Wait, so you're going to let your boss get away with stealing part of your paycheck?

Lmao ideally no but I can’t force him to pay me I already confronted him about it the job is under the table I don’t think I can go to anyone about it

 

[Just Blue]

Lmao ideally no but I can’t force him to pay me I already confronted him about it the job is under the table I don’t think I can go to anyone about it

Yeah... that is the consequence of working illegally.

You could quit and get a real job. jus' sayin'.

 

[LdiJ]

What is the name of your state? State: North Carolina
Child out of wedlock I am the father of 1 son who I am desperate to see after separation from my wife. My wage has decreased unexpectedly from a negligent boss who is pocketing my money, I must find another job to fill the gap. I was barely able to scrap by rent with my current GF after paying child support. I intend to fill out a motion to modify. However when the court order was filled for child support and “was served” I was never served my girlfriend was. At the time I was at work and there is no signature from the deputy who had signed the order. She states that two officers delivered the order none of which are named. Just by this action alone can I fight this?

The reality of things is that you would be spinning your wheels to try to challenge the child support based on that. It is not going to help you solve the problem any faster or easier. You need a modification based on the change in your income. You need to file for that. However, there are some people who have filed for modifications and have ended up paying MORE child support rather than less. Therefore, you should google a child support calculator for the state that has jurisdiction of your case and run the numbers (as best you can) to see where you stand at the moment.

As far as your current job is concerned, accepting any job where you are paid under the table is foolish (unless you are talking about normal self employment). Find a new job where the employer doesn't play those kinds of games.

 

[stealth2]

What is the name of your state? State: North Carolina
Child out of wedlock I am the father of 1 son who I am desperate to see after separation from my wife. My wage has decreased unexpectedly from a negligent boss who is pocketing my money, I must find another job to fill the gap. I was barely able to scrap by rent with my current GF after paying child support. I intend to fill out a motion to modify. However when the court order was filled for child support and “was served” I was never served my girlfriend was. At the time I was at work and there is no signature from the deputy who had signed the order. She states that two officers delivered the order none of which are named. Just by this action alone can I fight this?

Did you see what you were served? Did you show up in court?

 

[Zigner]

At the time I was at work and there is no signature from the deputy who had signed the order. She states that two officers delivered the order none of which are named. Just by this action alone can I fight this?

Have you pulled the proof of service that is in the court file? That's where you'll find the information regarding the person who served the documents.

 

[stealth2]

Honestly? You're unlikely to find much sympathy for working under the table and not supporting your child - and then trying to get off on a technicality.

 

[stealth2]

What is the name of your state? State: North Carolina
Child out of wedlock I am the father of 1 son who I am desperate to see after separation from my wife. My wage has decreased unexpectedly from a negligent boss who is pocketing my money, I must find another job to fill the gap. I was barely able to scrap by rent with my current GF after paying child support. I intend to fill out a motion to modify. However when the court order was filled for child support and “was served” I was never served my girlfriend was. At the time I was at work and there is no signature from the deputy who had signed the order. She states that two officers delivered the order none of which are named. Just by this action alone can I fight this?

Another question - is this the job you were working before you separated?

 

[commentator]

How long has this been going on, the child support payments? It will be much better if you have a legitimate job when you go to court. At least have gotten out there and begun looking diligently for one.