Serving Asheville & Western North Carolina
Determining child support is a vital issue whenever a child is involved in a divorce. A reliable child support order should be in place to take care of their children’s financial needs and create stability for the benefit of the child. One of our knowledgeable and experienced child support attorneys with Blue Ridge Family Law Group can help you obtain the support order best suited to your child’s needs. Contact our Asheville family law firm today to schedule a consultation and learn more about how to obtain the best support order or make changes to your existing child support agreement. We service Asheville and nearly all of Western North Carolina.
What Is Child Support?
Child support is a court-ordered or agreed upon payment intended to ensure the child or children are supported financially in both households. These payments are typically made monthly for the purpose of maintaining the child’s quality of life, health, and education.
The cost of child support will vary depending on the custody arrangement and the income of both parents. Additional factors, such as the needs of the child and their accustomed standard of living, are also considered. Valid reasons to alter the child support arrangement include substantial changes in parental income, responsibilities, and/or child needs.
In North Carolina, child support cases are primarily heard in the district court in which the child resides. If you believe you are eligible for child support, are being served with an order for support, or are in need of additional legal counsel for your case, our knowledgeable family law attorneys can help. Blue Ridge Family Law Group can provide legal advice and representation to help you determine a child support arrangement that will best benefit your child’s current situation.
How Is Child Support Determined In North Carolina?
In North Carolina, there is a formula for determining child support. This formula does not take into account hidden actual expenses and is based only on the incomes of the parties, the needs of the child or children, and the time each child spends with each party. These are known as the North Carolina Child Support Guidelines, and they are applied in the vast majority of cases. Exceptions include cases where the combined monthly income of both parents exceeds $40,000 per month or where the child has specialized medical or developmental needs.
Preparing For Your NC Child Support Hearing
There are several legal and financial documents that a judge may ask for during your North Carolina child support case. Preparation for a child support case will typically involve the collection and organization of proof of expenses for all the children under your care. These expenses include, but are not limited to the following:
- Insurance premiums and other health care costs
- School-related expenses
- Transportation
- Child care
- Clothing and shoes
- Rent and utilities
Expenses can be documented with receipts, bills, invoices, bank statements, or checks. Additional paperwork that may be required include proof of employment and residence, pay stubs, tax returns, and other records that provide additional information about you and your child’s financial status.
The complexity of your case will determine the amount of preparation that is required. To learn more about how to best prepare for your child support case, reach out to one of our experienced North Carolina family law attorneys today.
Child Support Modification
North Carolina allows support of a minor child to be modified or vacated at any time upon showing a change of circumstance by either party. Common examples of a financial change on the part of either parent that warrants modification of a child support arrangement include the following:
- Change in employment status
- Significant increase or decrease in pay
- Change in custody arrangement or schedule
- Change in the cost of child or children’s needs, such as
- Medical care costs
- Education
- Extracurriculars
If you, your child, or your child’s other parent experience a financial change that you believe may warrant a modification of a previous support order, contact a child support attorney with Blue Ridge Family Law Group today. Our knowledgeable NC child support modification lawyers can help you file a successful petition for modification.
Frequently Asked Questions
When Does Child Support End?
In North Carolina, child support ends when your child either:
- Turns 18 and has graduated from high school
- Has not graduated from high school, but has turned 20
- Is between the ages of 18 and 20, has not graduated high school, and fails to make satisfactory academic progress toward graduation.
Exceptions can be made for parents of children with disabilities. Emancipation immediately resolves the parent of child support obligations, though back pay may still apply.
What Happens if Child Support Isn’t Paid?
In North Carolina, failure to pay child support can result in wage garnishment, property liens, criminal charges, and even jail time. If you are struggling to make or receive your child support payments, reach out to a family law attorney as soon as possible.
Can Child Support Be Arranged Without Involving The Court?
While all legally enforceable child support arrangements must ultimately be approved by a judge, parents can opt to file a Voluntary Support Agreement (VSA) to avoid a courtroom hearing.
How Does Custody Affect Child Support?
In general, the more time the child spends in custody of a given parent, the less that parent is expected to pay to the other in support. Other considerations, such as each parent’s respective incomes and cost of living, are also taken into account.