NC Divorce with No Provision for Child

I recently had a case dismissed in TN for lack of personal jurisdiction of the court over father, who is neither a resident of the state where we divorced nor TN. (I and the child have lived in TN since the divorce.) An abosolute divorce in NC over 10 years ago did not provide for the child of the marriage. However, we drew up an agreement in TN, which he had notarized in NC which did provide for custody and child support. (This was not made a part of the divrce decree according to the certified copy I received.)

About 5 years ago, the father tried to take primary custody of our child so he could "know his family better", and several hearings for temporary visitation by the father and a final one on custody and child support followed. His original atty was disbarred, the original agreement that came out of the final custody and support dispute was never filed and set as an order by the court. The father got a new atty who drew up a new agreement transferring the mutual fund but with no responsibility for college tuition and I would not agree to it. At some point, mediation was ordered, but the clerk would never set dates according to my atty. Then, attendance at a parenting seminar was ordered (after my child was in college!) and came at a time when my current husband was away for two weeks, and the other two weeks I had to travel for my job, which made it a hardship since I have young children. It was also a ridiculous requirement for me considering the age of our child and that child's successful development. Our child is now in college and is 18.

When the case was heard 5 years ago, child support was to be set in accordance with the TN guidelines. I agreed to a downward deviation (and did not go after back child support) in exchange for transfer of a joint fund to me and 1/2 of college tuition for our child. Because there is no order, father has neither transferred the fund nor paid anything for college tuition. Now the TN courts say they have no jurisdiction and the NC divorce is absolute and cannot be modified for child support. NC law seems to clearly indicate that a simple divorce only addresses divorce and custody/child support will still need to be addressed. I am wit's end on how the courts have served the best interests of my child and would like an opinion on how best to secure the support that has been withheld for over 10 years. Thank you.

The easiest and most direct road would be to consult with a family law attorney from NC. He/she will be able to tell you about now seeking child support etc.

Thank you for your reply.

I contacted NC Child Support Services, and they suggested I contact TN Child Support Services in my county. Would a family law atty be able to transfer jurisdiction? I do not live in NC and never have. Or are you suggesting that I might have to have everything handled in NC? Consultations cost and I already have mounting legal fees from the years of working through custody, visitation, and support issues through my present atty, so I am having to be frugal at this point. Do you know of anyone who would give me a free consultation?

Thank you.

Post your case on this site, www.legalmatch.com. Post in both NC and TN. In my experience most of the attorneys offer a free initial consultation or only charge a nominal fee.

Thank you. I will look into doing just that.