Child Support and Credit for Overpayment
BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished).
Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned 18, a motion to modify was filed and a consent order was entered that required Plaintiff to pay $716 a month for support for the final eighth child. Plaintiff instead paid 1 cent per pay period. Plaintiff also filed a motion seeking to establish credit for overpayment of child support, alleging that he overpaid from 2013-2019 by $12,486.95, and that overpayment should be applied to the prospective award from the modification. Defendant filed for contempt for nonpayment of support. Trial court found Plaintiff in contempt, he appeals. Continue reading →