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 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.
If child support can be resolved amicably, it is beneficial to both the parents and the minor child and avoids the expense of litigation.
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 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 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 legal services in Winston-Salem, Greensboro, and High Point, NC.
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Our Office Locations
Your needs are our top priority. No matter what the case entails, we look forward to meeting and working with you to get through this matter as efficiently and effectively as possible. Stop by one of our locations today in Winston-Salem, Greensboro, or High Point, NC. We currently service the following counties: Forsyth County, Guilford County, Surry County, Stokes County, Yadkin County, Davie County, Davidson County, Rockingham County, Randolph County, and Alamance County.