Child Support Attorney in Charlotte

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Child support is the payment by one parent to the other parent or another party for the health, education, and maintenance of a child. In North Carolina, anyone who has custody of a child or is seeking custody in a simultaneous proceeding may file a motion for child support. In most cases, a child support action is brought in conjunction with a divorce case.

The child support obligation begins at birth and is borne by both parents. This obligation generally exists until the child has reached 18 years or graduated from high school, whichever occurs last. If the child is no longer attending school or is not making regular progress toward graduating, the child support obligation may end before graduation.

Contact our Charlotte child support lawyer at (704) 870-0340 to learn about your child support options. Law Office of Kelli Y. Allen, PLLC is ready to help you.

Income Considerations in Child Support

“Income” for purposes of child support calculations is the gross income derived from any source. This includes salary, bonuses, commissions, rental income, workers' compensation benefits, capital gains, gifts, prizes, and alimony received from anyone outside the current action. Funds received from means-tested public assistance such as SSI are not counted as income.

A parent is not allowed to voluntarily stay unemployed or underemployed to avoid paying child support. If the judge determines that the parent is voluntarily unemployed or underemployed due to bad faith or deliberate suppression of income to minimize their child support obligation, the judge can impute income. This means that the judge can determine the earning capacity of the parent and enter a child support order as if that parent was receiving the income they could reasonably be making.

Income must be proven. Each party is required to submit to the judge proof of past and current income, including pay stubs, employer statements, and the most recent tax return.

How Is Child Support Determined?

In North Carolina, the amount of child support each parent must pay is determined by applying the North Carolina Child Support Guidelines ("Guidelines"). The Guidelines provide for a set of calculations based on the income of each parent, other existing child support orders, and the number of children living with each party. Unless the parents mutually agree to a child support amount or the judge decides that it is inappropriate to use the Guidelines, all child support cases where the parents' combined incomes are $360,000 or less per year will be calculated based on the Guidelines.

The Guidelines provide for numerous adjustments to income and/or expenses based on health insurance costs, uninsured medical expenses, and other expenses such as special education expenses. Once all of the financial data is compiled, the judge will use one of three Worksheets to calculate the child support obligation of each parent depending upon the custody arrangements. Worksheet A is used when one parent has primary physical custody of all children. Primary physical custody is defined as 243 or more nights per year. Worksheet B is used when the parents have joint physical custody, which is defined as each parent having at least 123 overnights per year and each parent is financially responsible for the child while in their care. Worksheet C is used for split custody arrangements whereby each parent has primary physical custody of at least one child.

Using the appropriate worksheet, the judge determines what percentage of the child(ren)'s care is to be paid by each party, although either party can request that the judge deviate from the Guidelines.

Beyond these standard calculations, unique circumstances may require special attention, such as cases involving self-employed parents. Here, determining actual income may involve scrutinizing business expenses and legitimate deductions to ensure a fair assessment. Additionally, elements like additional childcare costs during work hours, educational expenses beyond high school, or ongoing medical needs can influence the final child support order, providing a more tailored approach that truly reflects each child's best interests.

Reach out to a child support attorney for experienced legal support. Call (704) 870-0340 to start the process promptly.

Voluntary Child Support Agreements

To avoid the use of the Guidelines and judicial intervention, the parties may voluntarily agree to a child support arrangement. This gives the parties greater flexibility and control and is usually much less expensive than litigation. Additionally, support by parental agreement can address issues not usually dealt with by the court, such as payment of college tuition.

Although the judge can reject a child support agreement by the parents if they deem it not to be in the child’s best interests, the presumption is that any such agreement is reasonable.

Such agreements also allow parents to address unique needs not typically considered by standard guidelines, which could include agreements for extracurricular activities, private schooling, or special healthcare needs. By crafting a voluntary agreement, parents have the opportunity to set terms that truly align with their family dynamics and resources, enabling a more holistic approach to support their children's development both now and in the future.

Enforcement of Child Support Orders in Charlotte

When it comes to enforcing child support orders in North Carolina, the state's legal framework provides several mechanisms to ensure compliance. Should a parent fail to meet their child support obligations, various enforcement strategies come into play. Wage garnishment is a frequently utilized method, where a portion of the noncompliant parent's wages is directly deducted to meet the child support requirements. Additionally, tax refund interceptions are another measure, enabling the redirection of federal or state tax refunds to support payments.

Further enforcement actions can include the suspension of licenses, including professional and recreational, or even driver's licenses. In more severe cases, contempt of court charges may be brought against the defaulting party, potentially resulting in jail time. It's essential to work with a knowledgeable child support attorney in Charlotte to navigate these processes effectively, ensuring that the child's rights to support are upheld and any noncompliance is addressed efficiently.

How Does Relocation Impact Child Support Arrangements?

In North Carolina, the relocation of a parent presents unique challenges in child support and custody arrangements. Whether a parent is moving within the state or out of state, these relocations may necessitate modifications to current child support orders due to changed circumstances. Relocations can affect visitation schedules and increase costs related to travel and communication, which may require a reassessment of the financial arrangements previously agreed upon.

When considering a move, it is crucial to inform the court and the other parent as early as possible. Engaging with a child support lawyer in Charlotte can guide navigating these complexities. Such changes might prompt a reevaluation of the support needed, ensuring that despite geographical shifts, the child's life remains as stable as possible. Whether the move affects the school's proximity, healthcare access, or the child’s support network, it's pivotal to maintain transparency throughout, aiming for a solution that upholds the best interests of the child.

Child Support Modification in Charlotte

A child support order may only be modified upon motion of a party. The moving party must demonstrate that there has been a substantial change of circumstances warranting a modification.

An increase or decrease in the needs of the child(ren) always constitutes a substantial change of circumstances justifying a modification of support. The most common scenario, however, is a party’s involuntary reduction of income. In these cases, the outcome is unclear and depends greatly upon the specific facts of the case. Factors such as the party’s ability to pay despite the decrease in income, good-faith effort to increase income, and the amount of the reduction will all be considered.

Conversely, in and of itself, an increase in either parent’s income does not constitute a substantial change of circumstances and does not warrant an increase. However, if the child support order is at least three years old when the motion to modify is filed, and, based on the Guidelines, the parties' income results in a child support amount that is 15% higher or lower than the current order, that does constitute a change of circumstances.

Modification proceedings can also consider changes in the child's needs due to health conditions or schooling requirements. Sometimes, the child's engagement in school activities or sports can necessitate additional financial support, leading to a required revisit of existing orders. Beyond financial elements, lifestyle changes due to relocation of either parent can impact child support dynamics significantly, necessitating adjustments to reflect changed commuting costs or living arrangements. For experienced guidance, turn to a qualified child support attorney from Law Office of Kelli Y. Allen, PLLC.

Take the first step toward resolving your case with a skilled child support lawyer in Charlotte at Law Office of Kelli Y. Allen, PLLC. Reach out or call (704) 870-0340 now to set up your consultation.

Frequently Asked Questions About Child Support in North Carolina

How Does Child Support Work in North Carolina?

Child support in North Carolina operates based on established guidelines that dictate the financial responsibilities of both parents to support the child's healthcare, educational, and basic living needs. Calculations take into account both parents' income, custody arrangements, and other relevant expenses. By law, support obligations usually continue until the child turns 18 or graduates from high school, whichever is later. Each case is unique, and the final support recommendation is tailored to balance the child's needs with both parents' financial situations.

What Happens If a Parent Fails to Pay Child Support?

If a parent fails to pay child support, they may face several enforcement actions in North Carolina. This could include wage garnishment, tax refund interception, and suspension of licenses. In more serious cases, a court may find the non-compliant parent in contempt, potentially resulting in jail time. These measures are in place to ensure that child support commitments are met, reflecting the legal system's priority to maintain the child's well-being. Legal intervention can guide the enforcement process, ensuring compliance and protection of the child's right to support.

Can Child Support Be Modified If My Income Changes?

Yes, modifications to child support orders are possible in North Carolina when there's a significant change in circumstances, such as a substantial increase or decrease in income. However, the change must be demonstrable, and the court will need to evaluate evidence of the income shift. It’s imperative to address these changes as soon as they arise to encourage a smooth adjustment process through the court. A Charlotte child support attorney can provide essential guidance to effectuate such modifications legally and appropriately.

How Is Paternity Established for Child Support?

Paternity, crucial for establishing child support obligations, can be determined voluntarily or through legal action in North Carolina. Voluntary acknowledgment involves signing an Affidavit of Parentage, while court-ordered paternity can involve genetic testing and official court proceedings. Establishing paternity is vital as it affirms a father's rights and responsibilities, ensuring that a child's financial and emotional needs are met. Navigating these procedures can be complex, and seeking legal advice from a child support lawyer may help to clarify processes and secure the necessary support.

What Are the Costs Involved in Modifying a Child Support Order?

Modifying a child support order can entail several costs related to legal fees, filing fees, and the potential cost of gathering necessary documentation, such as financial records. If legal representation is sought, this may further influence the overall cost. The expenses incurred often depend on the intricacies of the case at hand, and while there are fees involved, modifying an order is sometimes essential to accurately reflect changes in financial circumstances or custodial situations, thereby supporting the child's best interests effectively.

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