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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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.
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.
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.
Establishing Child Support: Agreements vs. Disagreements
There are two main paths to establishing child support:
- Agreement:Â If both parents agree on the amount, you can create a consent order through the court. This order becomes legally binding and avoids a lengthy process.
- Disagreement:Â If you can’t agree, a hearing is necessary. Here, the parent seeking support presents evidence (often using a worksheet) to show the child’s needs and reasonable expenses. The other parent can argue their case, potentially leading to a deviation from the standard guidelines.
Deviations from Guidelines
Deviations are uncommon and require strong evidence from either parent seeking a change. This evidence could justify an increase (e.g., special needs of the child) or a decrease (e.g., significant change in income). In the end, the court decides what constitutes fair and reasonable expenses for the child.
Getting Help
If you need assistance with child support, consider consulting with one of our family law attorneys. They can guide you through the process and ensure your child’s needs are met.
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.
