When an individual is paying for child support in North Carolina, just as in most other states, it can be very expensive. Because of this, many individuals who are paying child support hope to be able to discontinue or drop those payments as soon as they can.
Even though it is commonly assumed that child support payments terminate automatically when certain conditions are met, this does not always occur. Child support payment obligations can be terminated when the child:
- Passes away
- Gets married
- Reaches the age of majority
- Leaves for undergraduate studies
There are some cases in which child support payments can also continue once the child reaches the age of majority, for example, if they are disabled. In the State of North Carolina, children are entitled to support from their parents until they are 18 years of age.
However, if certain conditions are not met, the child may be emancipated before they reach the age of 18. Child support may end if the child:
- Gets married
- Becomes self-supporting
- Is in the military
In some situations, a child may be considered to be emancipated if they are above a certain age, leave their parent’s home, and will not obey their parents’ reasonable commands. When a child is emancipated, they can manage their own affairs, and they are self-supporting, the paying parent may have the ability to terminate their payment obligation.
Once a child meets one or more of the requirements discussed above, they should consult with a local attorney in North Carolina to help stop child support. It is important to be aware that an individual cannot stop making child support payments until there is a court order that states that they are no longer required to make those payments.
When Is Child Support Ordered?
When parents in North Carolina divorce or separate, a court may require them to fulfill their legal obligations to their child by paying child support. These payments are often monthly and are made for the benefit of the minor child.
These payments are not for the receiving parent, or custodial parent, but are for the basic needs of the child, such as food, housing, and clothing. A custodial parent is the parent who has the child most of the time. The non-custodial parent is the other parent who does not reside with the child and who usually pays child support.
Every state has its own general guidelines that provide frameworks and formulas for calculating child support. The calculation is usually based on the gross income of each of the parents. There are issues that a court will review before it issues the child support payment order.
In certain situations, retroactive child support can be ordered if a non-custodial parent has failed to pay their child support in the past. If the parent who makes payments has a reason to terminate those payments, they should consult with an attorney who can file a petition on their behalf. The court will then issue an order based on the best interests of the child regarding whether the continuation of child support payments is necessary.
How Is a Child Support Award Enforced?
If a court issues a child support order, that order is legally binding on the parents. This also means that these orders are legally enforceable in court.
If the paying parent does not make payments, the receiving parent may consult with a family lawyer for help enforcing their child support order. If the paying parent still refuses to make payments, they may face serious consequences, which may include:
- Seizure of property
- Suspension of a business license
- Imprisonment
Child support orders may also be enforced in different states when a paying parent moves out of the state. The Uniform Interstate Family Support Act (UIFSA) is a law that provides options to parents when they are attempting to enforce a child support order in a different state.
How Can I Avoid a Child Support Increase?
A parent’s child support payments can be increased if there is proof provided of a substantial change in circumstances. In these cases, a paying or receiving parent may request a modification of their child support order based upon changes in circumstances, which may include:
- Changes in income: If the paying parent has had an income change due to:
- a new job
- reduced working hours
- other reasons
- Family size changes: If the size of the family changes for the paying parent.
- Medical emergencies or unexpected needs: If a child or parent has an unexpected change in their needs, for example, a medical emergency.
- Custody or visitation changes: If there is a significant change in child custody or visitation.
- This may apply if there is a change in primary custody change or the parent who makes child support payments is awarded greater custody rights over the child.
- Deployment or incarceration: If the paying parent is incarcerated or deployed in the military.
Once all of these issues are reviewed, the court may modify, or change, the current child support order so it reflects the changes in circumstances. The paying parent may be able to ensure their child support payments are not unfairly increased.
To do so, they should reach out to a local attorney for options. The court will use the child’s best interests standard to determine the proper amount of child support payments.
This will include a review of several factors, including:
- Mental state
- Religious or cultural preferences
- The child’s well-being
- Their physical state
How Can I Stop Paying Child Support?
Parents are not permitted to agree to waive child support payments. In order to stop paying child support, the paying parent has to show that a material change in circumstances has occurred since the child support order was issued.
For example, if a paying parent is given primary custody of the child, they can petition the court to terminate child support payments. There can also be other reasons to close a child support case, such as those discussed above.
Do Child Support Payments End Automatically?
Child support payments do not usually terminate automatically. It is important to consult with a New York attorney for information regarding how to stop child support in their specific situation.
How to Get Child Support Arrears Dismissed
Arrears in child support are amounts that are owed by a paying parent. The parent that receives child support payments may try to find assistance from law enforcement or governmental agencies to assist them with collecting their child support.
Every state has law enforcement departments or government agencies that enforce child support orders and help receiving parents collect their past-due child support. An attorney can help a paying parent submit a motion to dismiss child support arrears and help with other issues related to their child support.
Do I Need a Lawyer for Help with Terminating Child Support?
You may want to find out if you are eligible to terminate your child support obligation or if your child’s other parent can terminate their payments. In that case, it is essential to reach out to a North Carolina child support lawyer.
If you are an eligible paying parent, your attorney can file a petition on your behalf in the proper court to terminate your child support obligation. A court may hold a hearing that allows the parties to present proof that the required event occurred or the proper events have occurred.
It is important if you are a paying parent to continue to make any required child support payments until the court issues an order saying they are not required to do so. Your lawyer will also assist you if you are having issues making your child support payments or if you are having trouble collecting your payments from the paying parent.
