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.