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.

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.