Cary Child Support Attorney
Experienced Child Support Lawyers Serving Wake County, NC
In Cary, NC, both parents have a legal obligation to support their minor
child. Child support obligations generally last until the child turns
18 years old or is emancipated. In some cases, child support can last
until the child reaches age 20 if they have not graduated from high school.
Child support is a claim that either parent can bring to court at any
time before the child support obligation ends under the law.
The purpose of child support is to meet the “reasonable needs”
of the child, including healthcare, education, and other necessities.
In most cases, the amount of child support a court will order to be paid
is determined by the North Carolina Child Support Guidelines. In this
sense, NC “laws” are most essentially defined by the Child
Support Guidelines.
The NC Child Support Guidelines offer a guide for proper monthly support
based on each family’s unique factors, including:
- Each parent’s income.
- Amounts owed for other support obligations.
- Necessary expenses for the children.
Support is not automatically divided equally and is allocated according
to each party’s resources.
If you feel the recommended support amount is unreasonable, your child
support attorney in Cary must request special consideration to deviate
from the Guidelines. The request must be made at least ten days before trial.
North Carolina Child Support Calculation: Parents’ Incomes
Under the NC Guidelines, child support calculations are based on the parents'
current gross incomes. In addition, NC family law courts require documents
and records to assist in the analysis of these amounts.
However, if a parent is voluntarily unemployed or underemployed, the court
may consider that parent’s earning capacity (i.e., potential income)
when computing child support. This means that the court can determine
that the parent should be earning a certain income and base the child
support amount on the income that the parent should be earning.
However, before making this determination, the court must first make a
specific finding that the parent is acting in “bad faith”
by remaining unemployed or underemployed. The court has relatively broad
discretion to determine if there has been “bad faith” in a
particular case. A common example of “bad faith” would be
quitting a job without a good reason close to the time of the child support hearing.
The Child Support Guidelines do not apply above a certain income amount,
if one or both parents have “high incomes” (defined as
combined income of the parents exceeding $300,000 per year). In these “high income”
child support cases, the court has much broader discretion to determine
the appropriate amount of child support to be paid to meet the reasonable
needs of the child. In these cases, the Child Support Guidelines worksheet
formulas and support schedules are not presumed to be reasonable and are
not required to be followed.
Need help with child support in North Carolina? Give us a call at
(919) 348-2317 or
fill out our online contact form to schedule a consultation with an experienced Cary child support lawyer today.
North Carolina Child Support Calculation Documents
In Wake County, every party to a Family Court child support action has
the duty to provide “Initial Disclosures” regarding their
income and expenses related to the child’s needs.
At the time a complaint for child support is filed, the plaintiff should
gather his or her financial documents, provide Initial Disclosures, and
file his or her Certification of Initial Disclosures with the court within
fifteen (15) days after the defendant is officially served with the complaint.
For Initial Disclosures, both parties will be required to provide three
months’ worth of pay stubs, income tax returns for the last two
years, among a list of other financial disclosure documents. Sanctions
may be imposed for failure to comply with these rules.
How Long Does Child Support Last in NC?
Generally speaking, parents have a legal obligation to support their child
until the age of 18, unless the child is legally emancipated at an earlier
age. However, if a child remains in high school after turning 18, the
parents’ obligation continues until graduation, so long as the child
is making satisfactory progress toward completion of high school. Regardless
of whether the child has graduated, child support obligations absolutely
terminate when the child reaches age 20.
Even so, by written agreement or consent court order, a party may voluntarily
commit to make child support payments in an agreed upon amount beyond
the age when child support would otherwise terminate. For example, a parent
may agree to pay for college education expenses.
There is no mandatory legal obligation for a parent to pay for college
education expenses or other expenses of an adult child after child support
terminates. However, if a parent voluntarily agrees to make such payments,
the court will fully enforce this agreement and obligation, so long as
the written agreement (or consent court order) is properly drafted and executed.
How Can Child Support Be Modified?
If there is an existing child support order in place, either parent can
petition the court to change the order by showing that circumstances affecting
the reasonable needs of the child have substantially changed since the
time that the order was first entered.
The North Carolina Child Support Guidelines presume that there has been
a substantial change of circumstances if it has been at least three years
since the entry of the current child support order, or if the parties’
current incomes would change the Guideline amount by at least 15% .
Is There a Way Around Not Paying Child Support in North Carolina?
The best step is asking the family court for a modification of child support.
After that, the only guaranteed ways for help to end are if both parents
get back together or the children become legally independent based on
age (usually 18) or via freedom, marriage, or joining the military.
How Far Behind in Child Support Before You Go to Jail in NC?
No set amount of child support arrears will automatically result in jail
time in North Carolina. Instead, the court will consider some factors,
including the amount of arrears, the parent's ability to pay, and the
impact on the child when deciding whether to hold a parent in contempt of court.
In general, the court is more likely to hold a parent in contempt of court
if the parent has a history of non-payment, the arrears are significant,
and the parent can pay. The court may also consider the impact of the
non-payment on the child, such as whether the child is not receiving adequate
food, clothing, or shelter.
If you face jail time for non-payment of child support, it is crucial to
speak with our lawyer.
Our lawyer can help you understand your rights and options and represent
you in Cary court if necessary. So contact our law firm and start working
on a plan to get caught up on your payments.
Child Support Tax Implications in NC
Child support is neither taxable as income to the receiving parent nor
a tax deduction for the paying parent. However, the North Carolina Child
Support Guidelines assume that the parent who receives child support is
the parent that is entitled to claim the tax exemptions for that child.
According to the IRS code, the federal tax exemptions for each child go
to the parent who has the child the majority of the time. In most cases,
the parent that is receiving child support is the parent that has the
child the majority of the time.
However, in cases of 50/50 custody there may be circumstances where the
parent receiving child support is not the parent entitled under the IRS
code to claim the tax exemptions. In these cases, you should consider
asking the court to deviate from the Child Support Guidelines.
These tax exemptions can be claimed by either parent if both parents agree.
If the parents are able to agree on child support terms, often they will
agree to alternate claiming the tax exemptions for each child from year to year.
Get Started With Our Wake County Child Support Lawyer Today
Montgomery Family Law is a seasoned child support law firm in North Carolina. If a child support
agreement can be reached through negotiation (including through
mediation) we are well-equipped to create a fair and enforceable child support settlement
agreement.
If necessary, we are also skilled and aggressive at litigating child support
in the North Carolina courts. We know how to apply the nuances of North
Carolina child support laws and argue effectively to ensure that a fair
and appropriate child support amount is entered by the court. The experienced
Cary child support attorneys at Montgomery Family Law are proud to serve
the families of Wake County, North Carolina and will be happy to serve
in you and your child's best interest.
To get started on your case, give our Cary child support attorneys a call at (919) 348-2317 or
contact us online today.
