When Children Are Involved, Get Legal Representation.

Caring for your children financially is the most important thing you can do. While you may fight about who was at fault for the break-up, the children are not at fault, and they must still be supported. All too often we see parents not supporting their children. If child support debt continues to pile up, you may have to take legal action. Seek the counsel of our experienced and professional child support attorneys at Dummit Fradin to fight for you.

Request an initial consultation by calling (877) 978-3218 today.

How Is Child Support Calculated in North Carolina?

In North Carolina, both parents have a duty to support their children. Child support is based on the North Carolina Child Support Guidelines (“the Guidelines”), which create a presumed reasonable amount of monthly child support. The Guidelines are intended to provide adequate awards of child support that are fair to the child and both parents. The Guidelines take into account a variety of factors to determine each parent’s child support obligation, including:

Factors in determining child support include:

• The number of overnights with each parent;
• The relative gross income of each parent;
• Whether either parent has a prior child support obligation;
• Whether either parent has other minor children living in the home;
• Which parent provides health insurance for the minor child;
• Which parent provides work-related childcare for the minor child;
• Extraordinary expenses of the minor child.

The Guidelines will ultimately dictate each parents’ child support obligations. But, it is often a complex process to determine the parent’s incomes and which factors apply. It is important to have a child support attorney to review your income and deductions to ensure that you are either receiving or paying the correct amount under the Guidelines.

Note that in North Carolina, child custody and child support are entirely dependent upon one another. Neither parent has the right to withhold support or visitation from the other parent. Some parents refuse to allow visitation if the supporting parent has not made timely child support payments. Other parents refuse to pay child support if they are unable to see the child. In these situations, the aggrieved party must seek help from the Court.

The Child Support Hearing

If child support can be resolved amicably, it is beneficial to both the parents and the minor child and it avoids the expense of litigation. However, we also understand that many times this can be a very contested matter. If you and the opposing party cannot come to an agreement on the appropriate amount of child support, it is probably best to have a hearing.

At the child support hearing, the party requesting the hearing will be responsible for presenting evidence to the court as to what they perceive is a fair and reasonable amount of child support. Usually, this amount is in accordance with the child support worksheets. At the hearing, the opposing party also has an opportunity to present their evidence as to why the amount of child support is not fair and reasonable.

No matter what side you find yourself on, it is important to consult with a child support attorney on how best to prepare for the hearing.

Length of Child Support Obligation in NC

Once a child support order is established, the child support obligation usually continues until the minor child reaches the age of 18, graduates high school, or ceases to make satisfactory progress towards graduation, whichever occurs later. While these are typical triggers for termination of a child support obligation, if the termination is not specified in the court order, it may not terminate automatically.

Changing a Child Support Order

Once a child support order is entered, it can only be modified upon a showing of a substantial change in circumstances of one of the parents. The Court will automatically presume that there has been a substantial change if the child support order was entered at least three years and there has been a difference of 15% or more between the amount of child support payable under the existing order and the amount of child support resulting from the application of the Guidelines based on the parent’s current incomes. This often occurs when either parent gets a raise, loses their job, gains employment, etc.

An experienced child support attorney can help you in determining the best course of action in the event that a child support order needs to be changed.

Child Support and Taxes

Child support is not considered taxable income to the receiving parent, nor is it a deduction for the paying parent. The Federal tax exemption for each child normally goes to the custodial parent who has the child the majority of the time, or primary custody. If the parents share true joint custody (50/50), the parent with the higher income is entitled to the deduction. This deduction, however, can go to either parent if the parents agree.

Contact a Child Support Attorney Today!

It is important to hire an experienced child support attorney to assist you in this process to ensure it is done correctly, and you pay only your fair share. Consult with a trusted and experienced child support attorney at Dummit Fradin. We currently offer family legal services in Winston-Salem, Greensboro, and High Point, NC.