Mast, Schulz, Mast, Johnson, Wells & Trimyer, P.A.

Update: Child Support Class Action in North Carolina

At a recent hearing, the Honorable Resident Superior Court Judge Tom Lock recently instructed the Clerks of Court in the counties of Johnston, Wayne, Hoke, Durham, and Alamance to review their Termination of Parental Rights files and to provide the information to the court for the purpose of determining whether any of these indvidiuals whose rights have been officially terminated, have paid child support after they were obligated to.

The Attorneys at the Mast Law Firm filed a class action alleging that in numerous counties throughout the state of North Carolina, the North Carolina Child Support Enforcement Center has sought and collected child support from persons who owed no child support at all.

If your parental rights were terminated, and you continued to pay child support, feel free to give me a call at 919-934-6187.

Also see our prior post at http://www.mastlegal.com/mast_schulz_mast_johnson_/2009/04/index.html

Ron Trimyer

Mast Law Firm Files Class Action to Recover Illegally Collected Child Support

The Mast law firm filed a lawsuit on behalf parents throughout the state and beyond that have been forced to pay child support when they did not owe anything. The complaint alleges that the Defendants, including the North Carolina Department of Health and Human Services, Johnston County and other counties ( Durham, Hoke, Alamance, Wayne, and others) have collected illegal child support for years. 

Child support enforcement usually provides a great service to the citizens of North Carolina by ensuring that children are taken care of by the responsible parents. However, sometimes, parents can "lose" their rights by way of adoption or through termination proceedings that can be brought by a relative (such as a grandparent) or the department of social services (DSS). Once the termination proceedings/adoption is finalized, the one who adopted or brought the termination proceedings against the biological parent becomes financially responsible.  What this means is that once finalized the biological parent owes no further child support from that day forward. In one instance a grandmother that had custody of her grandchildren filed a "termination proceeding" against her daughter and "served" her via the newspaper and obtained an order.  

Thereafter, Johnston County Child Support Enforcement brought child support proceedings against the mother and collected over NINETEEN THOUSAND DOLLARS ($19,000.00) that she did not owe. The mother’s wages were garnished and her tax refunds were sent directly to the state. She had to pay this money or risked being thrown in jail. This is because in NC if you cannot pay child support a judge can hold you in contempt and send you to jail for thirty days.  Other cases have been discovered including one in Wayne County where a child had been adopted and the father was still required to pay support, had seven (7) orders for arrest issued and twelve (12) orders for contempt against him.

The lawyers at the Mast Law Firm are seeking to correct this system which allows the Counties and State to pursue child support illegally. It is possible that there are individuals in jail right now who should not be. We are trying to recover that money lost by these citizens illegally from the State, the County, and the negligent attorneys working for them who caused this to happen.

If you or anyone you know has had their "parental rights terminated" and continue to pay child support, feel free to give us a call so that we can assist. You can call our office at 919-934-6187, visit our website at www.mastschulz.com, or feel free to email me at ron@mastschulz.com 

Ron Trimyer, Attorney