Weddington Child Support Attorney

Assisting Clients in North Carolina

Parents are required by law to prioritize the financial stability of their children, both when they live together and when they live apart. If a father or mother becomes the custodial parent, he or she has the right to receive financial support from the other parent in order to provide for a higher quality of life.

But, how much can he or she expect to receive or pay in child support? How do Courts decide these matters? How long does child support last? What if one parent is avoiding child support payments or a parent loses a job?

If you have questions like these, the Weddington child support attorneys at Rech Law, P.C. are ready to equip you with the answers and advice you need to reach a beneficial outcome.

Our Weddington child support lawyer is here to help. Find out how by calling us at (704) 659-0007 or contacting us online.

How Is Child Support Determined in North Carolina?

Before discussing the calculation method, it is important to note that only a judge is legally capable of setting child support in a court proceeding. Any type of financial arrangement made by the parents instead of court-ordered child support is not legally binding. 

North Carolina utilizes an income shares model to calculate child support. This means that both parents' gross income is considered, as well as all relevant child-rearing costs (medical, dental, and vision insurance; health expenses; work-related childcare expenses; educational expenses; step-parent income and the like).

The judge will also consider the number of children and their living arrangements. As North Carolina has not capped income considered, this type of calculation can be very complex and the higher the income, the need for a well-oriented child support attorney even more important. A good Attorney can spot “red flags” as to flawed income or calculations.

How Is Child Support Calculated in North Carolina?

In North Carolina, child support is calculated using a specific formula that considers the incomes of both parents and the needs of the child. Here’s a breakdown of how child support is calculated:

Income Assessment

The first step in determining child support is assessing the gross monthly income of both parents. This includes all sources of income, such as salaries, bonuses, commissions, and any additional earnings. Both parents are required to provide documentation of their income, which can include pay stubs, tax returns, and other financial statements.

Determining Custody and Parenting Time

North Carolina takes into account the custody arrangement and how much time the child spends with each parent. If the noncustodial parent has the child for a significant number of overnight stays (typically 110 or more nights per year), it can impact the calculation of child support. In such cases, the support obligation may be adjusted based on the shared time spent with the child.

Calculating Basic Child Support Obligation

Using the gathered income information, the North Carolina Child Support Guidelines provide a table that outlines the basic support obligation based on the combined income of both parents and the number of children. This table helps determine the initial amount of child support owed.

Adjustments for Additional Expenses

Beyond the basic support obligation, several other costs can be considered when calculating child support:

• Health insurance
• Childcare expenses
• Extraordinary medical or educational Expenses
• Child tax credits

What If the Other Parent Fails to Pay Child Support?

A parent who fails to make required child support payments will face consequences that are far from pleasant. To more effectively enforce child support obligations, the State of North Carolina Child Support Centralized Collections (CSBC) facility, collects and manages received child support.

Depending on the delinquency amount's accrued length, unpaid amount, judge order breach, and other factors, the parent that owes child support can be penalized in a variety of ways. In certain instances, he or she may face:

• wage garnishment
• retroactive responsibility
• driver's license suspension
• tax refund seizure
• alimony/gift card attachment
• lottery/gaming seizure

If the state has your Social Security number or Earnings Assignment Information (EAI) and the child support non-payment is at least one month, any wages or taxes owed the parent that owes child support can be involuntarily withheld at a maximum of 50% until the support is made in full.

Ensure your child support rights are protected. Contact our Weddington child support lawyer for a free legal consultation at (704) 659-0007 or connect with us online to explore enforcement strategies.

Who Can Request Child Support Modification?

In North Carolina, various parties can request a modification of a child support order. Understanding who has the right to seek changes can help ensure that the best interests of the child are served. Here are the primary individuals and entities that can request a modification:

• The Custodial Parent: The custodial parent, or the one who has primary physical custody of the child, can request a modification if they believe that the current support amount does not adequately meet the child's needs. Common reasons for requesting a modification may include increased living costs, changes in the child’s healthcare or educational needs and additional childcare expenses
• The Noncustodial Parent: The noncustodial parent can also request a modification of child support if they experience significant changes in their financial circumstances. Valid reasons may include job loss or reduced income, change in employment that affects earnings and increased financial obligations or expenses
• The Child: In some cases, older children may express a need for increased support due to special circumstances, such as health issues or educational requirements. However, it's typically the parents or guardians who initiate the formal request for modification.
• The Child Support Enforcement Agency: The North Carolina Child Support Enforcement Agency can request a modification on behalf of the custodial parent. This may occur if the agency identifies changes in circumstances that warrant a reassessment of the support order.
• Court Initiated Modifications: In certain situations, the court itself may initiate a review of child support obligations. This could happen during periodic reviews or if new information comes to light that indicates the need for a modification.

How Long Does Child Support Last in North Carolina?

If the child resides with the custodial parent until they become an adult, the legal duty for the noncustodial parent to provide support generally continues until the child turns 18 or graduates high school, whichever occurs later.

If the child is 18, but has not yet completed high school, the legal duty for the noncustodial parent to provide support continues. The legal duty to provide support ends at the age of 19, even if the child is still in high school.

Why Choose Rech Law, P.C. for Your Child Support Needs?

At Rech Law, P.C., we understand that decisions made today can have lasting impacts on your life and your child's future. With offices in Charlotte, Monroe, and Cornelius, our dedicated team is committed to providing personalized support every step of the way, offering clear guidance, and working tirelessly to achieve the best possible outcome for your child support situation.

Our fees are tailored to fit your specific needs, and in certain cases, we offer flexible payment plans to help ease your financial burden. You can expect high-quality legal representation from our award-winning team, who will communicate with you regularly and keep you informed throughout the process.

When you choose Rech Law, you’re not just hiring an attorney; you’re gaining a trusted partner who is genuinely invested in your case and dedicated to securing the results you need.

Look to our Weddington lawyers for assistance! Just call us at (704) 659-0007 or contact us online!