[bipsno1fan]

Can you sign a voluntary child support agreement in the state of NC and still petition the court for previous child care expenses?

[GV70]

Can you sign a voluntary child support agreement in the state of NC and still petition the court for previous child care expenses?

Generally-yes.

[ScottGem]

Generally you can't go to court for back support. Support will go from the date of filing. It seems you are enegotiating with the other parent for support. Negotiate for more.

[GV70]

North Carolina's child support guidelines

North Carolina's child support guidelines apply as a rebuttable presumption in all legal proceedings involving the child support obligation of a parent (including orders entered in criminal and juvenile proceedings, orders entered in UIFSA proceedings, and voluntary support agreements and consent orders approved by the court). The guidelines do not apply to child support orders entered against stepparents or other persons or agencies who are secondarily liable for child support. If a child's parents have executed a valid, unincorporated separation agreement that determines a parent's child support obligations and an action for child support is subsequently brought against the parents, the court must base the parent's child support obligation on the amount of support provided under the separation agreement rather than the amount of support payable under the child support guidelines unless the court determines, by the greater weight of the evidence taking into account the child's needs and the factors enumerated in the first sentence of G.S. 50-13.4(c), that the amount of support under the separation agreement is unreasonable. In cases involving a parent's obligation to support his or her child for a period before a child support action was filed. (i.e., cases involving claims for "retroactive child support" or "prior maintence"), a court may determine the amount of the parent's obligation (a) pursuant to the child support guidelines, or (b) based on the parent's fair share of actual expenditures for the child's care.

The OP can sign a voluntary child support agreement and file for retroactive child support in the state of North Carolina.
N.C. Gen. Stat. 50-13.10. However, if there is no child support order established, North Carolina law allows you to recover child support retroactively from the non-custodial parent for the past three years.


NORTH CAROLINA COURT OF APPEALS
DASHMAN v. DUBEAU
Synopsis

Robin E. Dashman (“plaintiff”) appeals from her denial of a motion for retroactive child support. We reverse the district court's order and remand this matter for further findings

On appeal, plaintiff argues that the trial court abused its discretion in denying her motion to recover retroactive child support. A party requesting retroactive child support may seek an order for reimbursement from the non-supporting parent for those reasonably necessary expenditures made in the past for support of a child. Savani v. Savani, 102 N.C. App. 496, 501, 403 S.E.2d 900, 903 (1991). The party seeking such support bears the burden of the expenditures made in the past on behalf of the child, and proving the expenditures were reasonably necessary. Id. In determining the amount of retroactive child support to be awarded, the court must consider the amount of “reasonably necessary expenditures made on behalf of the child.. . And the defendant's ability to pay during the period in the past for which retroactive support is sought.” State ex rel. Fisher v. Lukinoff, 131 N.C. App. 642, 648, 507 S.E.2d 591, 595 (1998). In Fisher, this Court explained: In light of the foregoing, we reverse the district court's order and remand this matter for further findings as to plaintiff's entitlement to retroactive child support.
Reversed and remanded.


It is governed by NC Gen.Statutes. 1-52 (three-year statute of limitations for civil actions regarding prior maintenance of minor child); G.S. 49-14(c) (statute of limitations for civil actions to establish paternity of minor child); G.S. 52C-6-604 (statute of limitations in Uniform Interstate Family Support Act [UIFSA] proceedings); G.S. 110-135 (statute of limitations for civil actions for reimbursement of public assistance paid on behalf of dependent child).