How do I file for child support?

In NC, there are 2 ways to apply for child support, either through the Department of Social Services or privately through a lawsuit.

Department of Social Services (DSS)

While this is usually a longer process, it does hold some benefits.

Pros

1. The fee is only $25 to start the process
2. If the parent paying child support fails to do so, his/her tax refund can be taken, their wages can be garnished, and the State will pay for the process to arrest him through court order 
3. The County Attorney will argue for sufficient and adequate child support on behalf of DSS which will benefit your case 
4. DSS will provide you with the paperwork so that you don't have to manage your case alone

Cons

1. The process can last for a few months (more if one parent is out of state)
2. If the parents don't agree on a child support payment then there may be several court dates to negotiate and establish a court ordered payment
3. Neither party has a right to an appointed attorney so each party must pay for an attorney

Private Child Support Lawsuit

This process is generally quicker but is only suggested for couples who have already discussed child support and simply need the courts to decide on an amount.

Pros

1. You can settle out of court for more than you may get through DSS
2. You can request a court date usually sooner than you'd get to court through DSS and the waiting period in court will be much shorter 
3. Payments can be made directly to you as opposed to being paid to NC Child Support Enforcement, processed, and then posted to your child support debit card

Cons

1. The filing fee is currently $150.00 for a new lawsuit, however, you can include child custody in this lawsuit which is not possible through DSS (maybe this is a Pro)
2. Through a private lawsuit you cannot garnish wages or immediately gain access to a tax refund due to unpaid child support
3. You must either hire an attorney or navigate the legal system without assistance

If you have specific questions about child support in North Carolina, feel free to contact me at (919)321-6569, nastasia@kisalawatkins.com, www.kisalawatkins.com.