Child support is one of the most contested topics that separating or divorcing parents deal with. It can also be one of the most confusing aspects of parental life. Various issues can arise, such as disputes over the support amounts, or disputes over a failure to pay the support.
The North Carolina Child Support Enforcement (CSE) is available to help guide you through the process of establishing and altering child support.
Some common child support issues and disputes may involve:
The court uses the following standard in considering any child support issue: what is in the child’s best interests?
In a typical child custody arrangement, the parent the child stays with is called the “custodial parent.” The parent that does not have custody is often called the “non-custodial parent.” Each parent has their own set of rights, which are determined by state and local laws.
Generally speaking, the non-custodial parent is required to pay the other parent child support in order to help ease the financial burden of raising a child. This arrangement is because the custodial parent usually has more expenses and costs for raising the child.
If custody is shared, then that is something the court will consider when calculating how much child support must be paid each month. The courts are fair: if the child support payer spends 3 days a week with the child, they will not have to pay full child support. It will be adjusted to account for the payer’s expenses for caring for the child.
For example, if the mother has the child all week and the father has visitation, the child support amount might be $ 1,000 a month. If the mother has the child for 4 days and the father has them for 3 days, the child support amount will likely be reduced to $571.00 – four-sevenths of $1000.
Child support calculations are complex and involve a number of determinations and factors by the court. Some of the factors that commonly go into calculating child support include:
Child support is most often awarded as part of divorce proceedings. If that is not your case, In North Carolina you can file for child support through the family courts or through North Carolina’s Division of Social Services.
Some of the information you will need when you file for child support are the names and addresses of both parents, as well as the name, date of birth, and address of the child. You will also need to inform the court as to whether one parent will have primary custody or if the custody will be shared.
You can suffer a lot of different consequences for not paying child support.
The first and most common is the state taking the money directly from your paycheck, which is wage garnishment. This is called wage garnishment. Your employer will automatically take the amount of child support that is due and pay it to the court. You will not be able to decide the amount, and you cannot decide when the amount is deducted.
Other potential consequences:
If you cannot pay child support due to the loss of your job, medical expenses, or other serious life changes, then it is important to contact the court immediately. Do not wait and hope that the lack of child support payments will be ignored.
Stopping visitation is prohibited because you have not paid or are behind child support. The state has other ways to enforce a child support order, so one parent cannot refuse visitation because they want to force the other parent into paying.
If you have visitation and the other parent will not let you see your child, then you can go to court and ask the judge to enforce your visitation rights.
However, there is a difference between being behind on child support payments and refusing to pay child support. Not paying child support only hurts your child. Refusing to pay child support to spite the other parent will ultimately impact your rights to visitation since it reflects on your willingness to provide for your child.
However, if your income or assets fall greatly, the other parent can request visitation or shared custody rights modification. This will not be due to a lack of child support payments but because your financial instability might make it hard for you to care for your child properly.
Child support generally ends at age 18. It can also end earlier if the child is emancipated before their 18th birthday. Parents can also agree to end child support, but the court must approve the agreement.
Also, if you go from being the noncustodial parent to the custodial parent, you should not have to pay child support. You must do this through the court no matter what option you think is right. If you try to stop paying on your own, then you can face consequences.
The most common reason for ending child support is if the noncustodial parent shows they are not the biological parent. This typically happens when a couple is married, and the husband is the presumed father, but the wife becomes pregnant by another man. You can ask for a paternity test if you think you are not the father.
If you need child support or have been told to pay child support, you should meet with a North Carolina child support lawyer as soon as possible. A lawyer can help guide you through getting or fighting against child support.
One of the key advantages of using an attorney for child support issues is that the attorney will not get caught up in emotional issues surrounding the issue. The other parent might want to fight with you but might be willing to concede some points if they are dealing with your lawyer instead.
16 people have successfully posted their cases
