Parents who choose not to marry, or married parents who choose to divorce, face tough decisions not only for themselves but for the well-being of their entire Marvin, NC family dynamic. They must not only define their terms as parents but also make decisions about how to meet the needs of their shared child or children. Even if parents can amicably come to an agreement about with whom the child should live and other decision-making terms, they must also make considerations regarding child support. Child support in North Carolina can be a complicated matter that is impacted by many different laws and circumstances. Nevertheless, it seeks to provide one ultimate outcome, which is to ensure that the daily needs of the child are met through shared responsibility by both parents.
When child custody matters first arise, or when a standing child custody order is violated, there can be immediate anger, frustration, and confusion towards the other parent or what your options may be. At Lehnhardt Price Family Law, we understand this dynamic and work with you to help you find the answers you’re looking for to resolve the matter, whether amicably with the other parent or through the legal process. We know how important a resolution is for you and your family.
North Carolina calculates child support based on several different factors, including:
To calculate the right amount, there is a formula in which the qualifying amounts are placed. This, however, requires that both parents divulge their expenses, spending habits, and personal finances. With the help of a family law attorney, ensuring that the right calculations are completed can help ensure that the support that is paid is enough to provide for your child.
It is critical to note that, for child support, one parent should not assume that because they make more money than the other parent, they will be expected to pay child support or be held equitably responsible. The other factors in the calculation ensure that the other considerations are equally important.
Once a child support agreement is in place, living circumstances for either parent may change enough to require a modification to a standing order. A parent may appeal for a modification to child support for several reasons, including:
Outside of these circumstances, two parents may work through changes in child support if they wish. However, they must agree to terms, and these must be approved by the legal system. Parents may not take it upon themselves to modify child support orders once they are legally established.
The process to deviate from child support guidelines in North Carolina follows a typical set of procedures:
Filing for child support can be done without the help of an attorney. However, utilizing the help of a skilled and experienced attorney is always recommended. If a parent chooses not to use an attorney, they can also request basic help from the Division of Social Services. This aid can be received at any point through the child support filing process.
If you are filing a motion for an initial child support agreement, or for a modification, the court will not appoint an attorney for you. However, if there are criminal charges affiliated with your child support case, then you have the right to an attorney as dictated in the U.S. Constitution. This is regardless of your ability to afford one.
North Carolina statutes that pertain to child support do not dictate a specific amount or a time limit that will trigger a warrant for your arrest if you are behind on child support. The amount of jail time you face, or how quickly your case triggers a warrant, is determined by the circumstances of your case. No two cases are alike.
Child support in North Carolina is not determined by a parent’s race, gender, sexual orientation, or any number of personal characteristics. However, a non-custodial parent could be expected to pay a flat rate of 25% of their income. The circumstances of each case are different, and the amounts could change as well.
Child custody cases can be complicated and leave you full of questions. Whether you are facing the initial establishment of child custody or seeking to modify an order you already have standing, you should have the representation of skilled and experienced attorneys. The family law attorneys at Lehnhardt Price Family Law are the ones who have the answers you need. Our attorneys work aggressively to support you and your children. If you need help with your child custody case, contact our offices today.