Is North Carolina's child support court debtor's prison?

Our office has struggled with representing parents (often fathers) facing jail time for failure to pay child support. While each parent has a moral and legal obligation to financially support their children, child support court has become a “debtor’s prison.” 

We have represented parents who were homeless, unemployed, and disabled who were each facing jail time if they did not come up with the money for child support despite their inability to pay. However, the parents who physically care for the child qualify for government assistance programs like WIC and food stamps if they are financially unable to support their families. It seems as though it would be in the best interest of everyone involved to permit this parent to get back on his feet before requiring that child support payments continue to be due.

Well, a new ruling in one of our cases taken to the court of appeals seems to agree. This is a win for parents in need of financial assistance everywhere. The ruling essentially states that before throwing someone in jail, the court must find that a person has the ability to pay his or her child support after paying for their basic needs. 

Simply showing that because a parent can pay for food and shelter is no longer enough to show that he is able to pay his child support.

We look forward to assisting clients such as these in the future. If you or your family members have questions about your child support case please give us a call. 


Read the case: Durham DSS v. Burnette; COA17-557

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27701

P: 919-321-6569

Nastasia@kisalawatkins.com

www.kisalawatkins.com

We assist clients in the following areas:

•  Orange and Chatham County, North Carolina
• Chapel Hill, North Carolina
• Carrboro, North Carolina
• Hillsborough, North Carolina
• Mebane, North Carolina
• Efland, North Carolina

• Durham County, North Carolina

• RTP
• Bahama
• Rougemont
• Morrisville 

• Wake County, North Carolina
• Cary, North Carolina
• Raleigh, North Carolina

*Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

**Photo Credit: https://theblackdetour.com/myth-missing-black-father/

Does Jesse Williams' wife deserve $50,000 in spousal support and how much would I get?

Actor and activist, Jesse Williams, has separated from his wife, Aryn Drake-Lee, and is reportedly ordered to pay $50,695 in spousal support and half of his residual earnings from the five year marriage.**

To many, this seems excessive, however, the amount of spousal support or alimony simply depends on the income of the spouses during the marriage, their contributions to this income, and their standard of living.

 

In North Carolina, to receive support you must be dependent on your spouse to maintain the lifestyle you enjoyed during the marriage.

To determine how long you will receive support and the amount, the court will consider many factors including:

1.       If either of you cheated during the marriage,

2.       The number of years you’ve been married,

3.       Education, debts and property owned by each spouse,

4.       And whether or not one of you was a homemaker.

Generally, spousal support only lasts for the length of the marriage. As in Jesse’s case, his wife will receive 5 years of support because they were only married for 5 years. Keep in mind, North Carolina has two types of support: spousal support and alimony. Contact an attorney for more information about whether or not you qualify for one or both of these types of support. 

For more information or legal advice contact us at:

Kisala Watkins Law Group, PLLC

323 E. Chapel Hill Street, Suite 203B

Durham, NC 27701

P: 919-321-6569

Nastasia@kisalawatkins.com

www.kisalawatkins.com

We assist clients in the following areas:

Orange County, NC 

·         Cary, NC

·         Chapel Hill, NC

·         Carrboro, NC

·         Hillsborough, NC

·         Mebane, NC

·         Efland, NC 

Durham County, NC

·         Durham

·         RTP

·         Bahama

·         Rougemont

*Neither Kisala Watkins Law Group, PLLC nor Nastasia Watkins own the rights to the pictures listed above and all pictures are posted for illustrative purposes only. You do not become a client of Kisala Watkins Law Group, PLLC unless you enter into a written agreement signed by you and an attorney at this firm. Such agreement must also indicate the scope of the work that is to be done. Correspondence by mail, fax, blog, or email does not establish an attorney-client relationship unless a written agreement has been entered into by both parties. Any information provided is based on the writer's understanding of North Carolina law and a consultation is required to provide adequate legal advice based on your situation.

**“Jesse Williams Ordered to Pay $50k In Spousal Support,” by Bossip Staff. Posted on January 20, 2018.

https://bossip.com/1615851/cheaper-to-keep-her-jesse-williams-ordered-to-up-spousal-support-to-50000-a-month-for-estranged-ex/

***Photo Credit: https://bossip.com/1615851/cheaper-to-keep-her-jesse-williams-ordered-to-up-spousal-support-to-50000-a-month-for-estranged-ex/