Helping You Navigate Complex Child Support Proceedings

North Carolina family courts determine child support based on guidelines established by state law. These guidelines take into account various factors, including both parents’ income and the number of children requiring support, with consideration for a child’s health or special needs. Suppose you are a parent in North Carolina who owes or is owed child support.

In that case, you should work with family law attorneys who understand these guidelines and can fully support you in your unique situation. Before going to court, it’s essential to understand the nuances of these cases and the factors that determine the amount owed to support North Carolina children after divorce or separation. If you have questions about child support issues or need legal representation to help navigate the complex legal process, we encourage you to get in touch with our team.

Contact our Concord law office today to schedule a consultation.

How is Child Support Calculated in North Carolina?

Child support calculations in North Carolina are based on a formula outlined in the state’s Child Support Guidelines. The guidelines take into account the gross incomes of both parents, childcare costs, healthcare expenses, and other relevant factors. The court may deviate from the guidelines if it finds that the calculated amount would be unjust or inappropriate in a particular case, or if the parents’ combined income is above a certain threshold.

Income Considerations

In determining NC child support obligations, the court considers all sources of income, including wages, salaries, commissions, bonuses, dividends, and benefits such as Social Security or workers’ compensation. Income from self-employment, rental properties, and other sources may also be considered.

Childcare Costs

Childcare costs, including daycare expenses, are often factored into the child support calculation, especially as they have risen significantly in recent years. The amount each parent pays for these expenses is credited to the respective parent in the calculation.

Healthcare Expenses

Both parents may be required to contribute to the children’s healthcare expenses, including medical insurance premiums, co-pays, and uninsured medical costs. These expenses are considered when calculating child support obligations.

What Situations May Warrant a Child Support Modification in NC?

Child support orders may be modified if there is a significant change in circumstances, and either parent may petition the court to modify the order. Even so, if you wish to modify your child support, you must be able to demonstrate how these changes necessitate a need for child support modification.

Reasons for Modification

• Parental income: A significant increase or decrease in either parent’s income could justify a change to the existing child support order. Common reasons include job loss, new employment, a promotion, or a reduction in hours worked.
• Changes in existing child custody arrangements: Changes to a child’s living arrangements, visitation rights, or the number of overnight visits may provide grounds for modifying a child support order.
• A child’s well-being: A judge may consider modifying child support payments if there are concerns about the child’s safety and well-being due to neglect or child or substance abuse.
• Relocation: One parent needing to relocate could also be grounds for a child support modification.
• Child’s needs: As a child grows and matures, their needs change, and modifications may necessitate revisiting the current support arrangement. Changes in a child’s needs often include the costs for education, extra-curricular activities, or unforeseen medical expenses.

How Can a Parent Start the Child Support Modification Process?

If you are considering the option of trying to modify an existing child support order, the first step is to consult with family lawyers who will advise you of your legal options. Family lawyers will professionally evaluate your case and determine if your situation qualifies as a substantial change in circumstances and qualifies to request a modification.

If your lawyers determine you have reason to request a child support modification, they will file a Motion and Notice of Hearing for Modification of Child Support Order with the court.

Crucial Evidence

As with any legal matter, you will need evidence to substantiate your request for a modification. Regardless of which side of the issue you fall on, some evidence that will need to be examined includes recent pay stubs, bank statements, medical bills, tax returns, and documentation of a substantial change in circumstances, such as a loss or increase in income.

Court Hearing

A court hearing will be scheduled, at which your lawyers will present the evidence to a judge. Your lawyers will also present a compelling argument as to why your petition should be granted. You should keep in mind that the other parent has the legal right to dispute the motion. Their lawyer can make arguments against granting the order, so you must have legal representation to ensure that your voice is heard in court.

Can a Parent Receive Child Support During Legal Separation in North Carolina?

There is often confusion about whether a parent can receive child support during a legal separation in North Carolina. Under state law, parents have a legal obligation to provide financial support for their children, whether they are legally separated or going through the divorce process.

Child support can be established voluntarily or through a court order.

Voluntary Separation Agreement

If parents decide to legally separate, they can sign a Voluntary Support Agreement (VSA) that addresses child support issues.

Court Order

If the parents cannot voluntarily agree on payments, the custodial parent can file a motion requesting that the other parent be ordered to pay child support. A judge will assess the situation and, depending on the facts of the case, order payments in accordance with the state’s child support guidelines.

If you are considering a legal separation and have questions about child support, it is best to speak with Concord child support lawyers immediately. Our child support lawyers will gladly assess your case and determine what options best suit your needs.

How are Child Support Orders Enforced?

North Carolina has various enforcement mechanisms to ensure child support orders are enforced. These may include wage garnishment, interception of tax refunds, suspension of driver’s licenses or professional licenses, and other legal remedies.

Standard Enforcement Actions

If a parent is in arrears, the state can take several standard enforcement actions to satisfy the outstanding balance. These actions include:

• Income withholding: North Carolina law requires employers to deduct child support payments from employees’ paychecks and remit them to the state. In other instances, North Carolina’s Child Support Services (CSS) may intercept tax refunds, unemployment, Social Security, and veterans’ disability benefits.
• License suspension or revocation: The CSS may suspend driver’s licenses and other professional licenses for those who fall behind on child support payments. Wildlife licenses and passports may also be suspended.

Legal Actions

The state may also pursue legal actions against those who have failed to meet their child support obligations. Common legal actions include:

• Civil contempt: A parent can be taken to court for failing to pay child support, where the judge could impose fines or order them to serve jail time. Repeat offenders are often at greater risk of being sentenced to jail time than first-time defendants.
• Criminal contempt: A parent who is in arrears can be charged with criminal contempt. A criminal contempt charge could result in a parent being charged with a misdemeanor or felony, depending on the outstanding balance.
• Bank levy: North Carolina can seize a parent’s bank account for the sum owed in back payments.

Regardless of whether you are owed back child support or are in arrears, you need experienced attorneys who can assist you with your legal needs and help you navigate the complexities of North Carolina law.

How Long Do Child Support Obligations Continue?

In North Carolina, child support obligations generally continue until the child turns 18. However, child support payments may end when the child graduates from high school or quits attending school. Support payments will also stop if a child is emancipated or if a court order is issued.

Even so, in some instances, child support obligations may continue even after a child turns 18, such as when a child turns 20 if they have not graduated from high school. If a child has a physical or mental disability, child support payments may also continue. In any circumstance, a court order terminating child support is necessary to end the obligation of child support. 

If a parent is behind on child support payments, the parent will still be responsible for paying all child support owed, regardless of the child’s age.

Why Should I Hire Concord Child Support Lawyers to Help With My Child Support Issues?

Dealing with child support issues can be confusing and overwhelming, and requires the help of a skilled lawyer. Suppose you are trying to navigate the challenges involved with child support. In that case, the most effective solution is to hire Concord child support lawyers who can assist you in obtaining a fair outcome.

When you hire a lawyer, they will become your legal advocate and protect your interests. Family lawyers understand the nuances involved in determining child support and will build a solid case regardless of your position in the case.

Your lawyer can assist with drafting and negotiating final agreements or with enforcing court orders. Your lawyers can also offer valuable insight if you feel a child support modification is in order. No matter your situation, Meridian Law Office is ready to assist you with your needs so you can focus on your family.

Contact Meridian Law Office Today to Discuss Your Legal Options With Our Knowledgeable Family Law Attorneys

Parents need to understand their rights and obligations regarding North Carolina child support cases. Consulting with family law attorneys provides the necessary guidance and support in navigating North Carolina child support laws to ensure the best interests of your children are satisfied.

Meridian Law Office will work diligently to protect your family’s future. No matter your family law needs, our attorneys and legal staff are ready to help.

Contact our Concord office at (980) 409-2003 to schedule a consultation and discuss your legal options.