Child Support in North Carolina

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Child support plays a crucial role in ensuring the well-being of children. Financial security, even when the child is with the other parent, fosters healthy, normal growth and opportunities.

We understand that child support issues can be emotionally charged and can often lead to conflicts between parents. Carini Law has experience in navigating the complexities of child support laws and procedures, including calculating child support payments, enforcing child support orders, and modifying child support orders based on changes in financial or familial circumstances. We are skilled in negotiating child support arrangements and, if necessary, advocating for our clients’ rights in court to ensure that their children receive the support they need.

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What to Expect

You can rely on Carini Law’s experience and expertise to provide the guidance you need in navigating child support in North Carolina. Here’s what you can expect when you hire Carini Law to assist with your child support case:

Consultation and Case Evaluation

We’ll begin with an initial consultation to discuss your unique situation and needs. During this time, we will evaluate your case and develop a personalized strategy tailored to your goals and circumstances.

Child Support Calculation

Carini Law will assist you in calculating the appropriate amount of child support in accordance with North Carolina child support guidelines, taking into account factors such as each parent’s income, health insurance costs, child care expenses, and the number of children involved.

Negotiation and Enforcement

We will work together to negotiate and establish a fair child support order with your child’s other parent. If the other parent is not compliant with the court-ordered child support payment, steps toward enforcement can be taken.

Modification of Child Support

If there is a substantial change in circumstances that affects the amount of child support you are receiving or should receive, Carini Law can assist you in modifying the child support order to ensure it reflects the current situation. When a parent files a motion to modify at least three years after the existing order was entered and the new calculation differs by 15% or more, the court will presume a substantial change in circumstances exists. Other qualifying changes may include a job loss, a significant shift in income, or a change in custody arrangements. Throughout the process, we will provide you with personalized attention and support, keeping you informed of any updates and answering any questions you may have.

We understand that child support issues can be stressful and emotional. Carini Law strives to create a supportive and comfortable environment for you to work through your case and achieve a positive outcome for you and your child. Contact us today by calling 704-755-3569 to schedule a consultation and take the first step towards securing the support your child deserves.

Additional Child Support Services in North Carolina

If you are facing child support issues in North Carolina, it’s essential to work with a skilled and experienced family law attorney to protect your interests and ensure that your child receives the financial support they need. Here are some other steps Carini Law can take for child support services in North Carolina:

  • Enforcement of Child Support: If the other parent fails to make the court-ordered child support payments, Carini Law can help enforce the order through wage garnishment, seizure of assets, or other legal means.
  • Paternity Establishment: In cases where paternity is in dispute, Carini Law can help establish paternity to determine the appropriate amount of child support.
  • Collection of Back Child Support: If there is unpaid child support, we can assist in collecting back child support owed by the other parent.
  • Defense against Child Support Claims: If you are being accused of owing child support or if the amount of child support is being contested, we can help defend against such claims.

Different Types of Child Support

In North Carolina, child support is designed to cover the basic needs of a child when parents are no longer living together, whether following a separation or divorce or when parents were never in a relationship. Basic child support payments are calculated based on the gross income of both parents, including income from any and all sources, the number of children, and other relevant factors such as work related childcare expenses and health insurance costs. Basic child support payments are intended to cover the cost of necessities such as food, clothing, and shelter.

In addition to basic child support, there may be other costs addressed as part of the overall child support determination:

  1. Childcare Support: Work-related childcare costs, such as daycare expenses or after-school care, are factored into the child support worksheet calculation. Other childcare or extracurricular costs may be shared between parents by agreement, though they are not automatically required.
  2. Medical Support: This covers the costs of health insurance premiums and out-of-pocket medical expenses.
  3. Educational Support: This covers the costs of education, such as private school tuition or college expenses. North Carolina law cannot obligate parents to pay college tuition, so this is a rarity in separation agreements.

The type of child support that is appropriate in your case will depend on your individual circumstances. Carini Law can help you understand your options and determine the best course of action for your situation.

Laws and Guidelines Specific to North Carolina

North Carolina has specific laws and guidelines that govern child support calculations and legal orders that you should take into consideration.

Income Shares Model: North Carolina uses an income shares model to calculate child support payments. This model takes into account the income of both parents, as well as the number of children and their needs, to determine the appropriate amount of child support.

Deviation Factors: In most cases, child support is determined by the statewide guidelines. However, when parents’ combined gross income exceeds $40,000 per month, the standard schedule no longer applies, and the court sets support based on the reasonable needs of the child. Courts may also deviate from the guidelines in other circumstances when applying them would be unjust or inappropriate.

Childcare Expenses: Work-related childcare expenses are factored into the child support worksheet calculation. The court may also consider other childcare costs as a basis for deviation from the guidelines.

Health Insurance: The cost of health insurance for the children is considered when calculating child support. The court must order a parent to obtain and maintain health insurance for a child when coverage is available to the parent at a reasonable cost.

Termination of Child Support: In North Carolina, child support typically ends when the child turns 18 or graduates from high school, whichever comes last. However, child support can continue if the child is still in high school and living with the custodial parent, or if the child has a disability that requires ongoing support.

Carini Law is experienced with child support cases in North Carolina and understands the state’s child support laws and guidelines. There are many variables in child support cases, but we can deliver the information in a straightforward, digestible manner, so you feel confident in your child support proceedings.

Understanding Child Support Worksheet

North Carolina courts use one of three child support worksheets to calculate a parent’s presumptive child support obligation, depending on how custody is arranged. Understanding which worksheet applies to your situation is an important part of the process.

Worksheet A – Primary Physical Custody: Worksheet A is used when one parent has primary physical custody of all the children involved, meaning the child lives with them for 243 or more nights per year. In these cases, a support obligation is calculated for both parents, but the parent without primary custody is the one ordered to pay.

Worksheet B – Shared or Joint Physical Custody: Worksheet B applies when parents share custody of all the children, meaning the child spends at least 123 nights per year with each parent and both parents assume financial responsibility during that time. It also applies when one parent has primary custody of some children and the parents share custody of others. In shared custody cases, the combined basic support obligation is increased by 50%, then allocated based on each parent’s income and the amount of time the child lives with each parent.

Worksheet C – Split Custody: Worksheet C is used when each parent has primary physical custody of at least one child. In split custody arrangements, the support obligation is allocated based on each parent’s income and the number of children living with each parent, and the parent with the higher obligation pays the difference.

An attorney at Carini Law can help you identify which worksheet applies to your situation and ensure the calculation accurately reflects your circumstances.

FAQs

How is child support calculated in North Carolina?

Child support is calculated using the Income Shares Model, which takes into account the income of both parents, the number of children involved, and other factors such as childcare expenses and health insurance costs.

What factors can affect the amount of child support in North Carolina?

 The amount of child support can be affected by a variety of factors, including the income of both parents, the number of children involved, and any extraordinary expenses related to the child’s care.

How long does child support last in North Carolina?

In North Carolina, child support typically ends when the child turns 18 or graduates from high school, whichever comes last. However, child support can continue if the child is still in high school and living with the custodial parent or if the child has a disability that requires ongoing support.

What happens if the non-custodial parent does not pay child support in North Carolina?

If the non-custodial parent does not pay child support, they can face legal consequences such as wage garnishment, seizure of assets, and even imprisonment.

Can child support orders be modified in North Carolina?

Yes, child support orders can be modified in North Carolina if there is a substantial change in circumstances, such as a job loss or a change in custody arrangements. When a motion to modify is filed at least three years after the existing order was entered and the new calculation differs by 15% or more, a substantial change is presumed.

Does child support only apply when parents are divorced?

No. Child support in North Carolina applies any time parents are not living together, regardless of whether they were ever married. Parents who were never in a relationship, as well as those who separated or divorced, may all have child support obligations determined by the court.

Why Choose Carini Law

Carini Law has a record of success in handling child support cases in North Carolina. We have built a strong reputation in the legal community and Carini Law is well-respected for our dedication and expert assistance. Contact us today at 704-755-3569 to schedule a consultation and take the first step towards securing the financial support your child deserves.

Our firm has represented clients in a variety of custody and visitation cases, and we are equipped to handle even the most complex situations in family law practice areas. We’ll work with you to develop a strategy that’s tailored to your unique needs and goals, and I will keep you informed throughout the process.

Contact Us

We understand that dealing with child support issues can be overwhelming and stressful. Carini Family Law is here to listen to your concerns and answer any questions you may have about the child support process in North Carolina. We’re committed to making the child support process as painless for you and your child as possible. Contact us today at 704-755-3569 or online.

Other Services Offered by Carini Family Law

Carini Law recognizes that child support is just one part of the individualized attention needed to ensure the best possible outcome for you and your child. That’s why we offer a variety of services to meet your unique needs, such as:

  • Adoption and Surrogacy: Building a family is one of the most rewarding experiences in life. We are experienced in helping guide individuals through the process and provide legal support and guidance.
  • Alienation of Affection & Criminal Conversation: If your spouse has had an affair, you may be able to pursue a legal action for Alienation of Affection and/or Criminal Conversation. An attorney at our firm can guide you through the process and help you understand your legal options.
  • Child Custody & Visitation: Child custody and visitation can be some of the most challenging issues in a divorce case. An attorney at our firm can help you navigate the legal process and negotiate a parenting plan that meets the best interests of your children.
  • Cohabitation Agreements: If you’re living with a partner but are not married, a cohabitation agreement can provide important legal protections. An attorney at our firm can help you draft an agreement that addresses issues such as property division and support in the event of a separation.
  • Divorce: At the end of a period of separation, you may decide to file for divorce. An attorney at our firm can assist you in the process of filing and negotiations, and do everything possible for a favorable outcome settled outside of court.
  • Enforcement of Court Orders: If your spouse is not complying with a court order, such as a child support or custody order, an attorney at our firm can help you pursue enforcement actions to ensure that your legal rights are protected.
  • Equitable Distribution & Division of Property: Dividing marital property can be a complex process, especially if there are significant assets or debts involved. An attorney at our firm can help you understand your legal rights and negotiate a fair and reasonable distribution of property.
  • Postseparation Support & Alimony: If you need financial support after your separation, an attorney at our firm can help you understand your options for postseparation support and alimony.
  • Prenuptial Agreement & Postnuptial Agreement: A prenuptial agreement or postnuptial agreement can provide important legal protections in the event of a separation or divorce. An attorney at our firm can help you draft an agreement that addresses your unique situation.
  • Restraining Orders & Protective Orders: If you or your children are in danger, an attorney at our firm can help you obtain a restraining order or protective order to provide legal protection and ensure your safety.
  • Separation Agreements: A separation agreement can provide a roadmap for the terms of your separation, addressing issues such as property division, support, and child custody. Our attorneys can help you negotiate an agreement that meets your needs.
  • Wills and Estates: Every person’s estate plan should be unique and tailored to their specific needs and goals, which is why we take the time to listen to your concerns and work with you every step of the way.

Our compassionate attorneys have extensive experience in handling child support cases and can provide personalized attention and support throughout the process, from establishing an initial order to modifying an existing child support arrangement.