A Franklin County mother just won a significant battle in a legal marathon that has lasted over half a decade. On Wednesday, the North Carolina Court of Appeals ruled that Sandra Flores is entitled to a recalculation of child support payments dating back to 2020, overturning a lower court’s decision that had effectively wiped years of potential payments off the books.
The dispute between Sandra Flores and Oscar Gutierrez began in early 2020. Like many families caught in the legal system during that time, their case was slowed down by the global pandemic, a series of weather delays, and scheduling conflicts. For years, the case bounced between “active” and “inactive” status as the parents tried to mediate their issues.
READ: Florida Supreme Court Clears Path For February 10 Execution Of Ronald Heath
The central problem arose in early 2025 when a District Court judge ruled that Gutierrez only owed a higher rate of support starting from May 2024. The judge based this on the idea that the case had been “closed” or “inactive” during the long gaps in litigation. This meant that the five years Flores spent waiting for a final resolution were essentially ignored in the final math.
However, Judge Allegra Collins, writing for the Court of Appeals, clarified that “administrative closings” are not the same as ending a case. The court found that Flores had been diligent in trying to get her case heard and that the law presumes child support should be calculated starting from the day the initial complaint is filed—in this case, January 6, 2020.
Because the trial court failed to explain why it skipped over those four plus years of support, the appeals court vacated that portion of the order. The case will now head back to the local level where a judge must either apply the state guidelines back to 2020 or provide a very specific legal reason why doing so would be “unjust.”
READ: Musk’s Twitter Buyback Tactics Under Fire: Court Rejects Bid To Dodge SEC Lawsuit
The ruling wasn’t a total loss for Gutierrez. Flores had also argued that the court shouldn’t have allowed Gutierrez to deduct business expenses because he failed to provide up-to-date financial records. On this point, the appeals court sided with the original judge, noting that using a 2023 tax return was a reasonable “best effort” to determine income when a parent is self-employed and current records are messy.
This decision serves as a reminder to parents in the North Carolina court system that long delays—even those lasting years—don’t necessarily forfeit a child’s right to support from the moment the legal process begins.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox
