Today the North Carolina Court of Appeals issued a decision regarding child support arrears. The trial court originally entered an order for on-going monthly child support and also ordered the father to pay a certain amount each month towards his child support arrears. After the order was entered, the father sought to have the child support order essentially changed because he was not given "credit" for time spent incarcerated. In North Carolina, a parent's child support obligation is put on hold while imprisoned. The trial court modified the original order, but the matter was appealed. The Court of Appeals ruled that the second order modifying the first order was invalid.
This case is a great example of why it is important to discuss your case with an experienced family law attorney. At the first hearing the father and his attorney should have asked the court to give him "credit" regarding child support while he was incarcerated.