Determining Child Support In North Carolina
Not knowing how you are going to financially support yourself or your child after a separation or divorce can be the most overwhelmingly unknown factor in a divorce. At Bull & Reinhardt, PLLC, we understand how scary this is and how stressful the uncertainty can be.
Our attorneys have more than 60 years of combined experience and are recognized in the Asheville community for resolving tough and complicated cases. We are here to help you secure the financial support your child needs or make sure that you can still financially support yourself if you are ordered to pay support.
Who Has To Pay Child Support?
In North Carolina, both parents have an obligation to financially support their children. They are both responsible for supporting their children financially. Typically, a noncustodial parent is ordered to pay child support to the custodial parent. A divorce proceeding or a paternity order (after the biological parents separate) can order child support payments.
Sometimes parents have joint custody, but there is an imbalance in the parents’ respective incomes. Child support payments can make up for income imbalances by ordering one parent to pay child support to the other in joint custody arrangements. Child support payments ensure that both parents contribute to the child’s needs, regardless of their living arrangements. The goal is to provide the child with a balanced, stable and supportive environment.
How Is Child Support Determined In North Carolina?
Child support in North Carolina is determined based on state guidelines, which consider various factors to calculate the appropriate amount. Some of the key factors include:
- The income of both parents: The court looks at the gross income of both parents to determine their financial ability to support the child.
- A child’s needs: These includes basic necessities like food, clothing, shelter, education and health care.
- Parenting time: The custody arrangement and the amount of time each parent spends with the child can influence the support amount.
- Existing support obligations: If either parent has other child support or spousal support obligations, these are taken into account.
- Special needs: If the child has special medical or educational needs, the court may adjust the support amount accordingly.
While the guidelines provide a framework, the court can deviate from these guidelines if there are compelling reasons to do so. Our experienced child support attorneys will work with you to present a clear and compelling case to ensure the child support arrangement reflects your child’s needs and your financial situation.
What Can I Do If Child Support Payments Are Too High Or Too Low?
If you believe your child support payments are too high or too low, you may have the option to request a modification. Child support orders in North Carolina can be adjusted if there has been a substantial change in circumstances since the original order was established. Examples of such changes include a significant increase or decrease in either parent’s income, a change in the custody arrangement or the evolution of the child’s financial needs.
To request a modification, file a motion with the court and provide evidence of the change. Note that the court won’t retroactively adjust payments – modifications only apply moving forward from the filing date.
How Long Do I Have To Pay Child Support In North Carolina?
Under North Carolina law, child support payments generally continue until the child turns 18 years of age. However, there are exceptions. If the child is still in high school at age 18, payments may continue until the child graduates, turns 20 or otherwise ceases to attend school regularly, whichever occurs first.
In cases where a child has special needs or is unable to support themselves due to a disability, child support may be extended beyond the age of majority. Such situations require a specific court order to establish an ongoing obligation.
How Do I File A Claim For Child Support In North Carolina?
To file a claim for child support in North Carolina, you need to begin by submitting a complaint to the court in the appropriate jurisdiction. This is typically done as part of a divorce or separation proceeding or after establishing paternity. The process involves several steps, including:
- Completing and filing the necessary legal forms.
- Providing financial documentation to support your case, such as income statements and expense records.
- Attending court hearings or mediation sessions to resolve disputes and finalize the support arrangement.
An attorney plays a critical role in this process by helping ensure all paperwork is completed correctly, presenting evidence effectively and advocating for a fair support arrangement based on your child’s needs and your financial situation.
Consult An Asheville Child Support Attorney
If you need assistance with a child support dispute, we encourage you to contact Bull & Reinhardt, PLLC. Call us at 828-254-0499 or send us a message using our online contact form. Let our experienced attorneys help you secure the financial support your child deserves and navigate this challenging time with confidence.