Child Support - NC
Child support is a very contentious issue in North Carolina family law. Many parents don’t realize that child support laws are not flexible, and that the issue of support is not, and can not be determined in the divorce decree, nor in the actions leading up to absolute divorce. An agreement for the support of a minor child can be made between the natural parents of the child or a civil action for the support of a minor child may be started by filing a complaint for child support. The filing of the civil action can either be done with the help of a private attorney or with the help of the County Child Support Enforcement Agency. In North Carolina, Child Support Guidelines have been established to set the amount of support that child is entitled to receive. The Guidelines are based on income calculations of each parent, cost for daycare, health insurance and extraordinary expenses. In addition, if one parent has another child, financial considerations are provided for that child as well.
Payments of child support are made to the person having custody of the child. Although the paying spouse may pay by cash, certified check, money order or personal check it is highly recommended that the method be one in which can be traced to prove payments for support. If cash is given and then later disputed there will be no proof of the amount of support paid and the paying spouse is not likely to receive credit for those payments. In North Carolina, a parent who willfully neglects or refuses to provide adequate support for that parent’s child shall be guilty of a misdemeanor.
A child support agreement is modifiable in accordance with the terms, if any, of the agreement. A court order for child support is modifiable when a change in circumstances has occurred to warrant a modification. If the order for support is 3 years old or older a difference of 15% or more between the child support amounts will be presumed to be a substantial change in circumstances. If the order is not 3 years old or older, this presumption does not apply but either parent may still apply for a modification and in doing so must prove the substantial change in circumstances.
Contact us if you have questions or concerns regarding child support statutes. At Marshall & Taylor we are here to help you make sense of this complicated process so you can make the best possible decisions for your family.
Learn More About Our Child Support Services:
Father’s Rights
Child Abandonment
Child Support Calculator
Child Support Financial Affidavit
North Carolina has mandatory presumptive guidelines known as the North Carolina Child Support Guidelines, which must be used to determine the amount of child support unless a motion is filed to deviate from the guidelines or the parties agree otherwise. These guidelines are based on an “income shares model” or mathematical formulas so that each parent pays a percentage of their income towards child support. A court can modify a child support award as under the guidelines if it does not meet the reasonable needs of the child.
A claim for child support can be presented to the court either by itself or along with an absolute divorce, divorce from bed and board, an annulment, or a cause of action for alimony without divorce. Once an award for child support is entered with the court and a parent who is financially responsible neglects to pay then he/she may be in contempt for non-payment.
Do you want to know more about child custody and child support and how it can affect your family during your separation and divorce? Contact us today by filling out the form below. We can help to lay out all of the options available to you and pursue the best option for your family. We’re here to help you through this process.