I have a current child support order and the ncp has willfully decided not to pay. Cse continues to say they can not locate him so they can not enforce the order. I just want to get him in front of a judge so he can either pay or give up his rights
General Practice Lawyer
Requiring the non-custodial parent to comply with a current child support order and the non-custodial parent consenting to terminating his parental rights are two different issues. If there is a current child support order in place, then the monthly support amount will accrue and constitute arrears that he is responsible for paying, even if his whereabouts are currently unknown. If you wish to have his parental rights terminated, then you must do so by filing a petition in Juvenile Court. Nonetheless, you will have to notify him of this procedure, or prove to the court that you have tried to find him so as to notify him. Thus, I suggest deciding exactly what you wish to pursue, try to find him, and contact a local attorney in your area about proceeding accordingly.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of North Carolina. Responses are based solely on North Carolina law unless stated otherwise.