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.

1. If they fail to show proof of income and expenses,
2. lower their income on purpose,
3. 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.

When Does Child Support End in North Carolina?

[00:00:00] One of the most frequently asked questions in family law is, “How long do I have to pay child support?” For parents in North Carolina, the answer is generally straightforward, but there are crucial details and exceptions that every parent needs to understand. The law establishes a clear endpoint for the obligation, but failing to take the proper legal steps at the right time can lead to significant financial consequences.

The General Rule: Age 18 or High School Graduation

[00:00:02] In North Carolina, the legal obligation to pay child support typically continues until a child turns 18 years old or until they graduate from high school, whichever event occurs last. This “whichever is last” clause is a critical component of the law. [00:00:06] In the modern education system, it is very common for a child to turn 18 during their senior year of high school. In these cases, the child support obligation does not automatically stop on the child’s 18th birthday. Instead, the paying parent is required to continue making payments until the child officially graduates. The law is designed to ensure that a child is financially supported throughout their primary and secondary education, preventing a sudden loss of support in their final months of school.

Exceptions to the Rule: When Support Can Be Extended

[00:00:18] While the law sets a standard termination point, parents have the flexibility to agree to different terms. Through a mutual agreement, parents can decide to extend child support payments beyond the child’s 18th birthday or high school graduation. This is often done to help a child with college expenses or to provide continued support for a child with special needs. These agreements are typically formalized in a legal document, such as a consent order or a separation agreement, which is then signed by a judge and becomes a legally binding court order. It is essential to note that a court cannot independently order child support to continue beyond the standard age; this extension can only occur if both parents voluntarily agree to it.

The Most Important Step: You Must File a Motion to Terminate

[00:00:30] This is arguably the most critical and often overlooked aspect of ending child support in North Carolina. The child support obligation does not stop automatically. Even after your child has turned 18 and graduated from high school, the court order requiring you to pay remains in effect until you take legal action to stop it. [00:00:35] To formally end your obligation, you must file a “Motion to Terminate Child Support” with the court. If you fail to file this motion, the payments you are ordered to make will continue to accrue, and you will be held legally responsible for them as arrears, even if your child is no longer eligible for support under the law.

[00:00:42] Filing this motion at the appropriate time is essential to protect yourself financially. It formally notifies the court and the other party that the legal conditions for support have been met and that the order should be terminated. Once a judge signs the order to terminate, your legal obligation to make ongoing payments officially comes to an end. Because timing is so important, it is highly advisable to consult with a family law attorney to ensure this process is handled correctly and efficiently.

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.