Enforcement of Child Support Four Decades of Experience Guiding Clients Through Legal Matters

Do You Need to Enforce a Child Support Order?

Get Experienced Help from Our Raleigh Child Support Lawyers

In North Carolina and across the nation, both mothers and fathers are responsible for providing support for their child. Both parents are expected to provide the necessary food, shelter, clothing, medical care, and education for their children regardless of the nature of their relationship or if they were ever married. Although the non-custodial parent typically pays child support to the custodial parent, that money is expected to aid in providing the necessary care for the child in more ways than one.

In North Carolina, child support is determined using the North Carolina Child Support Guidelines. In order to calculate child support, four numbers are needed to make the calculations and these include:

  1. The mother's gross monthly income
  2. The father's gross monthly income
  3. The children's portion of the monthly health insurance premium
  4. Any work-related childcare costs

Additionally, if either parent has any other children living at home, or if either parent pays child support, then these factors will be included in the calculation as well.

When Parents Don't Pay Child Support

It's important for both parties to understand that child support and visitation are two separate things, and that one cannot affect the other. This means that non-custodial parents cannot stop paying child support payments because the custodial parent is denying them visitation to their children. On the other hand custodial parents cannot deny visitation to the non-custodial parent because they aren't paying their child support payments. The law is designed to protect both custodial and non-custodial parents and it makes it so that neither parent can use child support or visitation as a means for manipulation or control.

What happens if a non-custodial parent doesn't pay their child support?

  • Be held in contempt of court
  • Be prosecuted for failure to pay child support
  • Arrested and sent to jail
  • Have their driver's license and other licenses suspended
  • Have their lottery winnings or tax refunds intercepted

Wage Garnishment and Other Methods

One of the most common actions to take is wage garnishment. This withheld income, or wage deduction, means that child support payments are directly taken out of the non-custodial parent's paycheck. With the help of a lawyer, you can obtain a writ of execution from the court, which will reach the paying parent's employer. The employer will be told to withdraw a portion from each paycheck so that you can receive this amount in child support. A larger percentage of wages will be garnished if your ex-spouse is behind on payments.

Other steps that can be taken include:

  • Federal income tax intercepts
  • License suspensions
  • License revocations
  • Passport restrictions
  • Charges of contempt of court

It is also possible to prosecute your ex-spouse who lives in a different state, as federal charges can be leveled. Whether you are a custodial parent that is owed back child support, or if you are the non-custodial parent that owes arrearages, it's critical that you speak with a Raleigh family law attorney to discuss your legal rights, as well as any legal remedies available at your disposal.

Modification Might Be an Option

Our economy has been hit hard in recent years and a number of people have been laid off, had their hours cut, or forced out of their home due to an underwater mortgage and a foreclosure. While some parents fail to pay child support out of spite or a lack of responsibility to properly care for their children, others are financially unable to meet with their child support demands. If you are a paying parent who has suffered from a job loss, or if you've been involved in an accident and are unable to pay your support payments, it's important to consider the possibility of petitioning for a child support modification.

In order to petition the courts for a modification to your current child support order, it must have been at least three years since your last child support order was entered, and there must be a difference of 15% or more between the amount of support payable in your existing order and the amount that you would be ordered to pay under the current guidelines.

Get the Legal Support You Need. Call (919) 876-3300!

Child support is an important legal matter, whether you are on the receiving end or the paying end. If you are having difficulty collecting child support from the non-custodial parent or if you are a paying parent that has run behind on your payments and are in need of legal assistance, please contact a Raleigh child support attorney from Hopper Law Office. We can advise you of your rights and responsibilities and paint a clear picture of what you can do and what it will take to resolve this matter efficiently and cost-effectively.

  • Kevin Review Avvo
  • Kevin Avvo Rating
  • Kevin Client Distinction Award
  • Expertise Best Lawyers in Raleigh 2017
  • Expertise Best Lawyers in Raleigh 2016
  • ASLA The American Society of Legal Advocates
  • AV Preeminent
  • North Carolina Bar Association
  • North Carolina State Bar

Why Choose Us?

Trusted Service That Exceeds Expectations
  • Serving Raleigh Since 1994
  • AV® Rated by Martindale-Hubbell®
  • Guidance Through Each Step of Your Case
  • Family-Owned Law Firm
  • Highly-Regarded by Past Clients
  • Compassionate & Honest Attorneys

Meet your Team

Our Law Firm Is the Only Choice to Make When You Need Legal Representation
/

Our Testimonials

Stories from Our Happy Clients
  • The staff at Hopper Law Firm PLLC will work tirelessly to help you out.

    “The staff at Hopper Law Firm PLLC is very personable and really want to understand your personal needs and will work tirelessly to help you out.”

    - Rob
  • They take the extra step and are personal and make sure I am satisfied with whatever decision they choose to take.

    “I have always had extremely pleasing interactions with every staff member at Hopper Law Firm PLLC. They are ready to help, friendly and cooperative even in the worst of situations. Unfortunately, I ...”

    - Past Client
  • Thanks to Kevin Hopper, the kids and I are finally moving past the nightmare and learning to laugh again.

    “After almost 3 years fighting with my ex-wife over everything, I was recently awarded primary custody of my children, child support, and allowed to leave the state, something that I understand is not ...”

    - Newton
  • Friendly and professional staff provides a pleasant experience during a very stressful event.

    “Friendly and professional staff provides a pleasant experience during a very stressful event. Staff also instills a feeling of confidence while working with your case. Definitely a recommended firm.”

    - Kimberly
  • I was glad that I had the experienced counsel of Hopper Law Firm PLLC to handle my case and guide me through the process.

    “Hopper Law Firm PLLC did an excellent job handling my traffic ticket. They were very easy to work with, answered all of my questions, and made me feel at ease during a stressful time. I was glad that ...”

    - Past Client
/