Can You Be Ordered to Pay Child Support After Losing Custody in North Carolina? (Part 2 of 2)

Our previous blog (linked here) gave the background on Sahana v. Fiscus, and discussed what constitutes income in a child support case.  We conclude this blog with additional arguments from the mother and what this case could mean for your child support matter.

When it Comes to Court, Preserving Your Arguments Matters

In Sahana v. Fiscus, the IRA withdrawals were only one obstacle the mother faced. She also raised several other arguments – such as questions of jurisdiction, venue, her motions, and even alleged bias by the trial judge.

Most of her arguments failed for the same reason: she had never properly raised and obtained a ruling on the arguments in the trial court. North Carolina’s appellate rules require you to make your objection and obtain a decision before you can argue it on appeal.

The mother did win one point – the appeals court agreed that the trial court was wrong to “impute” income to her based on supposed bad faith. However, the error was harmless – it didn’t change the amount she owed.

On appeal, showing an error isn’t enough. You must also show how the error changed the final result.

What Does Sahana v. Fiscus Offer North Carolina Families?

While Sahana v. Fiscus is unpublished, the case and its outcome do offer families in the midst of child support or custody battles a few insights that are worth remembering:

• Support follows custody: If custody shifts, the parent who had at one time received support can end up having to pay it. In that case, arrears can grow quickly.
• “Income” is a broad term: A wide range of sources can count as income. Retirement withdrawals – such as IRA distributions – can count toward your support obligations.
• Document everything before attempting to appeal: In Sahana v. Fiscus, the court relied heavily on the parent who produced hard, documented financial records. The other parent’s unsupported testimony was found unreliable and didn’t help their case.
• Raise any issues right away: If you don’t preserve arguments properly at trial and any errors don’t change the outcome, they will likely fail to help you on appeal.

Sahana v. Fiscus, like many other cases involving custody or support that are appealed, shows just how important it is to document and raise any objections early in the process. Waiting until after the decision is made to attempt to argue those objections for the very first time is often too late.

Are You Facing a Child Support Dispute in North Carolina?

In the case of Sahana v. Fiscus, it’s clear that decisions or actions made at the wrong time can hurt your chances of a favorable outcome. The issues involved are personal, and the financial stakes for all involved can be high. That’s why knowing how and when to raise your rights can shape the outcome for years to come.

At Woodruff Family Law Group, our team can help answer any questions you may have and walk you through your options. Our goal is to help you build a strong, well-documented case that will serve you well at trial and beyond.

Want to learn more? Contact our Greensboro family law team today to schedule a consultation.

This blog is for informational purposes only and is not legal advice; custody outcomes turn on the specific facts of each case.