Insight Into North Carolina Child Support Matters
Child support was put into place to ensure that your children have access to a lifestyle that is similar to the one they had before you and your spouse decided to end the marriage. The amount of support is determined according to a set of guidelines. It is important to understand, however, that a knowledgeable, experienced family law attorney can obtain an outcome better suited for a parent than the guidelines.
Your Child Support Advocates
Our attorneys at Miller & Audino, LLP, in Greenville, have more than four decades of experience helping North Carolina parents determine the level of support that will best serve their children. We are prepared to take a close look at the factors that will determine your child support agreement while considering your individual needs and goals. We tenaciously take any step necessary to help you obtain the best results possible.
Our lawyers encourage our clients to be proactive in the decision-making process. Our legal professionals will give you the facts and information you need to understand your case, so you can move forward confidently, knowing that your situation has been handled with careful attention.
Child Support Modifications
Life is constantly changing. These changes can come in the form of a new job, a loss of employment, an injury or another medical condition, change in custodial arrangements, changes to your immediate family, or changes to the needs of your child. As these shifts occur, the terms of your child support agreement will need to be modified. We are fully aware of how halting these changes can be, and we are well-equipped to help you navigate the modification process.
Frequently Asked Questions About Child Support
Many parents have questions about how child support works in North Carolina. Below, we address some of the most common inquiries we receive from clients navigating the child support system.
How is child support determined in North Carolina?
North Carolina uses the “Income Shares Model” to calculate child support, which considers both parents’ incomes to maintain the child’s standard of living they would have enjoyed if the parents remained together.
The calculation factors in gross income, existing support obligations, health insurance costs for children, work-related childcare expenses and overnight visits with each parent. While the North Carolina Child Support Guidelines apply in most cases, courts may deviate from these guidelines in circumstances where they would be inappropriate or unjust. Our attorneys help clients understand these calculations and whether a deviation might be appropriate in their situation.
Does getting remarried affect child support in North Carolina?
Generally, remarriage itself does not directly affect child support obligations in North Carolina. A new spouse’s income is not typically included in calculations, as stepparents have no legal obligation to support the child.
However, remarriage may indirectly impact support if it significantly changes living expenses or financial situations. Additionally, if remarriage results in additional children, this might be considered in future modification hearings.
Do you have to pay child support if you have 50/50 custody in North Carolina?
Yes, child support may still be required even with equal physical custody. While custody time is a factor, North Carolina’s guidelines primarily focus on the relative incomes of both parents. If one parent earns significantly more, they may still pay support to ensure the child enjoys a similar standard of living in both households.
The calculation becomes more complex in shared custody situations, as special provisions apply when each parent has the child for at least 123 overnights per year.
What happens if a parent fails to pay child support in North Carolina?
North Carolina takes enforcement seriously. If a parent fails to pay court-ordered support, enforcement options include income withholding, intercepting tax refunds, placing property liens, suspending licenses, reporting delinquencies to credit bureaus or seeking contempt charges that could result in jail time for willful nonpayment. Unpaid support also accrues interest at 8% annually.
Our attorneys assist with both enforcing orders when payments are missed and defending against enforcement actions when circumstances have made payment impossible.
To Learn More About Miller & Audino, LLP, Contact Us
To learn more about how our child support attorneys serving Greenville, Pitt County, Beaufort County and surrounding communities can help you, email us or call us at 252-493-6138.