Raleigh Child Support Lawyer Offering Caring Counsel For Your Family Law Matter

Divorce or separation can be complicated, especially when children are involved. One of the most contentious topics for divorcing couples to iron out is the determination of child support payments. If you are facing child support challenges and need legal counsel, be sure to contact the Hopper Law Office for guidance. With more than 30 years of successful legal experience and an AV Preeminent* peer-review rating through Martindale-Hubbell, our attorney is equipped with the skills and passion necessary to help you get through this difficult time and advocate for a fair resolution for your child support arrangement.

North Carolina Child Support Situations Can Be Complex

Child support is designed to provide the custodial parent with assistance in paying for the child’s everyday needs. Most often, child support arrangements involve the noncustodial parent paying monthly cash installments to the custodial parent. Determining this amount can be done outside of court with collaboration between the two parents, though tensions from divorce can sometimes make this difficult. If a couple is unable to come to a mutually acceptable agreement, court involvement is required.

North Carolina has specific child support guidelines that determine the amount of child support that will be required from the other parent. This can be a complex process and is not always exact. A chart is used to show how much money is usually spent on children per various combined income levels.

The following factors will be considered in determining child support:

• Each parent’s income
• Parenting schedule
• Amount of days the child spends with each parent

The main factor is that a court will seek to ensure that a child and their custodial parent can maintain the minimum standard of living for their area. This involves examining the child’s unique situation and any special needs they may have, as well as any unusual but necessary expenses. Once a court makes a decision, this order is enforceable by law and will in most cases last until the child reaches the age of eighteen. If a considerable change in circumstances should arise, a modification to this order can be requested, though this is done at the discretion of the courts on a case-by-case basis.

Frequently Asked Questions About Child Support In North Carolina

Parents often have questions about child support obligations, calculations and enforcement. Below are answers to some of the most common questions we receive at Hopper Law Office:

How is child support calculated in North Carolina?

North Carolina uses specific guidelines to determine child support amounts based on an income shares model. This calculation takes into account both parents’ gross incomes, existing child support obligations, the number of children requiring support and the custody arrangement. The state provides worksheets that correspond to different custody situations:

• Worksheet A: Used when one parent has primary physical custody
• Worksheet B: Used for joint physical custody where each parent has the child at least 123 overnights per year
• Worksheet C: Used when there are multiple children and parents split custody

The guidelines also factor in expenses such as work-related child care costs, health insurance premiums for the children and extraordinary medical expenses. In some cases, the court may deviate from these guidelines if they determine the calculated amount would be inappropriate or unjust under specific circumstances.

What happens if parents cannot agree on child support terms?

When parents cannot reach an agreement regarding child support, the court will intervene and make a determination based on North Carolina’s child support guidelines. Either parent can initiate this process by filing a complaint for child support with the district court in the appropriate county. The court will schedule a hearing where both parents can present evidence regarding their income, expenses and other relevant factors.

Parents also have the option to work with Child Support Services, which can assist with establishing, enforcing and modifying child support orders. Some parents find that mediation with a neutral third party helps them reach an agreement outside of court.

Can North Carolina child support arrangements be modified?

Yes, child support orders can be modified when there has been a substantial change in circumstances since the original order was established. Examples of qualifying changes include:

• Significant increase or decrease in either parent’s income
• Change in the custody arrangement
• Substantial change in the needs of the child
• Job loss that is not voluntary
• Disability affecting earning capacity

To request a modification, you must file a motion with the court that issued the original order. The court will only modify support if the change would result in a 15% difference in the support amount.

What if the noncustodial parent refuses to pay child support?

North Carolina offers several enforcement mechanisms when a parent fails to meet child support obligations. Child Support Services or the custodial parent can pursue enforcement through:

• Income withholding orders that automatically deduct support from wages
• Interception of tax refunds
• Suspension of driver’s license, professional license or recreational license
• Liens against property
• Credit bureau reporting
• Contempt of court proceedings, which may result in fines or jail time
• Passport denial for arrears exceeding $2,500

The enforcement method used depends on the specific circumstances and severity of nonpayment.

Are there any tax implications for child support payments?

Unlike alimony, child support payments are neither taxable income for the recipient nor tax-deductible for the payer. The IRS considers child support to be a personal expense. Additionally, only one parent can claim the child as a dependent on tax returns, which is typically addressed in the custody agreement or court order. If not specified, the custodial parent with whom the child lives for the greater part of the year generally claims the child.

Does having a special needs child affect child support calculations?

Yes, having a child with special needs can significantly impact child support determinations. The court may deviate from standard guidelines to account for extraordinary medical expenses, therapy, specialized educational requirements or additional care needs. Support may also extend beyond the typical termination age if the child is unable to become self-supporting due to physical or mental disabilities.

How long does child support last in North Carolina?

Child support obligations in North Carolina typically continue until the child reaches 18 years of age. However, if the child is still in high school when they turn 18, support continues until they graduate or turn 20, whichever occurs first. Support may terminate earlier if the child becomes emancipated through marriage, military service or court order. For children with disabilities that prevent self-support, the court may order support to continue indefinitely beyond the age of majority.

We would be happy to hear from you. Please contact our firm and schedule an initial consultation today: 919-948-5373.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.