Should Chris Rock pay child support to a child he hasn't adopted yet?

Chris Rock has recently divorced from his wife and mother of his two biological daughters Lola and Zahra. Rock listed these daughters as dependents in his divorce papers, however, his wife, Malaak Compton-Rock, is also asking that he financially support Ntombi-futhi Samantha. Ntombi, a South African native, has lived with the Rock family for seven years, however, the couple never adopted her. Rock claims that he owes no duty of financial support to Ntombi but Compton-Rock claims otherwise.*

Child Support

In North Carolina, the legal mother and father of minor children are financially responsible for their care until they reach the age of eighteen (or graduate high school under certain circumstances). Contrary to popular belief, the amount owed is based on what is needed to meet the reasonable needs of the child's health, education, and maintenance. (Many people wrongfully believe it is 1/4 of dad's income) 

Child Support is paid:

1. By the parent who does not have the child the majority of the time (the non-custodial parent)
2. Based on the income of both parents using a NC Child Support Worksheet

There is also a presumption that all children born to a marriage are the biological children of the couple. However, this presumption can be overcome with DNA testing and other factors. In Rock's case, it is not likely that he will be responsible for the financial support of the child through child support because Rock never adopted Ntombi. 

However, we all know that courts hate deadbeat dads and will find a way to punish those who run from their responsibilities. Rock's wife has a good argument for Breach of Contract if the couple agreed to adopt and care for Ntombi and Rock is now going back on his word. He's also held himself out as Ntombi's dad for seven years and may be estopped (prevented) from now claiming that she is no longer his responsibility. 

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

*"Chris Rock’s ex wife wants child support for South African girl: report," by Nicole Lyn Pesce, New York Daily News, accessed December 2, 2015. http://www.nydailynews.com/entertainment/movies/chris-rock-wife-mystery-south-african-girl-article-1.2452469

 **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.