Child Support FAQ
Hear from our Family Law Attorneys directly as they answer frequently asked questions about child support in North Carolina.
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How long do you have to pay child support?
Child support is usually required until the child turns 18 or graduates from high school, whichever comes later. Parties can agree to extend child support beyond this point in a consent order. It’s crucial to remember to file a motion to terminate child support when the child turns 18 or graduates high school to avoid unnecessary obligations. If you need help with child support contact one of our family law attorneys.
If the parties have been able to agree on an amount, then they enter into a consent order, the judge will enter it, and that’s all there is to it. However, it gets a little more complicated if parties cannot agree on an amount. Then there is a hearing. The party requesting support will have to show what fair and reasonable expenses are for the child. This is usually done through a worksheet. Then the other party has the opportunity to show why the amount the worksheet shows is not fair or reasonable. This has to be some very solid evidence since this is considered a deviation from guidelines and typically isn’t granted. A deviation could be up or down, a party could be asking to be paid more or to pay less, in either event, solid evidence needs to be presented for this to be granted. The key, and what the court is going to look at, is what is fair and reasonable for the child.
A respected Family Law Attorney explains how the courts calculate child support, the worksheets they use, and what factors they consider.
When calculating child support, the courts consider income, expenses for the child, who carries the child on insurance, and if there are extraordinary expenses like a wheelchair, therapy, or other major healthcare needs. Another factor they consider is other children outside of that relationship.
Once all this information is gathered, they simply use one of the worksheets. They use worksheet A if one parent has primary custody. This will give the receiving parent a higher amount of support. Worksheet B is for parents who have joint custody, at least 124 overnights each. This will substantially reduce the amount of support the receiving party is owed. And worksheet C is only used when one parent has primary custody of one child and the other parent has primary custody of a different child.
Anyone can find and use these worksheets on the NC Child Support website, however, it’s important to use the formulas correctly so it’s a good idea to have an experienced attorney go over them. It’s especially important if one person makes money in cash, for example, someone who works for tips. The bank records need to be subpoenaed and all income going into their accounts needs to be examined. It’s also important to note, the worksheets are only appropriate for those couples that jointly earn less than $30,000 a month. If their combined income is greater than that, they must go to court and have a judge decide what is fair and reasonable for the child.
When both parties agree on child support, they can easily establish it through a consent order, and the agreed-upon amount is deemed fair and reasonable. If disagreements persist, a hearing becomes necessary. The requesting party must present evidence to demonstrate the child’s needs and fair expenses, usually using a worksheet with a presumptive correct amount. The opposing party then has a chance to counter this, potentially leading to a deviation from guidelines, though such deviations are typically rare and require strong evidence. Deviations can involve either decreasing or increasing the support amount, with the party seeking an increase needing to substantiate their case. Ultimately, the court evaluates what fair and reasonable expenses for the child are before making a determination. If you need help with child support contact one of our family law attorneys.
A respected Family Law Attorney explains what will happen if someone tries to deliberately suppress their income to avoid child support payments.
Often, when someone quits their job, the court uses old income when determining child support. If their income has decreased dramatically for other reasons, they must prove to the court that it wasn’t intentional.
So, if you are facing a situation where your ex has quit their job to avoid child support payments, contact one of our Family Law Attorneys today and get the help you deserve.
A reliable Family Law Attorney details the top 3 child support mistakes she sees clients make and why they are so detrimental to their case. If they fail to show proof of income and expenses, lower their income on purpose, or fail to pay previously ordered child support, it could affect the outcome of their case. Proof of income and expenses requires documentation including copies of all healthcare and daycare expenses. If someone tries to lower their income on purpose, the old income may very well be used to calculate child support whether they are working the same job or not. Failure to abide by an order, even if it’s being redressed, could lead to serious consequences. If you are facing a complicated child support case, give one of our experienced Family Attorneys a call.
Even if your ex-partner is failing to pay child support, you are not allowed to refuse visitation of your child. Child support and child custody are separate issues in family law. They are not directly connected.
Non-payment of child support can lead to consequences such as:
- wage garnishment
- fines
- jail time
To address child support enforcement, it is advisable to contact the Child Support Enforcement Agency. If you need help with your child custody case, you can reach out to Dummit Fradin where a family law attorney can provide guidance and support.
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Winston-Salem
Criminal Attorneys
1133 West First Street
Winston-Salem, NC 27101
(336) 485-4907
Winston-Salem
Family Law Attorneys
3400 Healy Drive
Winston-Salem, NC 27103
(336) 962-7221
Greensboro
Criminal, Family, & Immigration Law
328 E. Market Street
Greensboro, NC 27401
(336) 360-5528
High Point
Criminal & Injury Law
820 North Elm Street
High Point, NC 27262
(336) 814-8118
Our service area includes Alamance County, Davidson County, Davie County, Forsyth County, Guilford County, Randolph County, Surry County, Stokes County, and Yadkin County.