The question of whether or not a lawyer is required for child support in North Carolina is one that we are asked quite frequently. And as with many questions in family law, the answer is: it depends.
There are many misconceptions about child support, so becoming educated about it is a good first step. A lawyer can provide that information but, in actuality, the laws concerning child support are pretty straight forward. North Carolina uses a child support calculator/worksheet. Parents can input their number of children; child custody schedules; monthly gross income; pre-existing child support obligations; and the costs of childcare, health insurance, transportation, and special needs. Rarely does a judge ever deviate from the guidelines. So whatever number the child support calculator /worksheet produces, that is the number that will be ordered for child support from the non-custodial parent.
Child support in NC is calculated differently if the parents’ income exceeds $30,000 per month or $360,000 a year. It can be a bit of a challenge if one of the parents is self-employed, works on commissions, or is paid in cash.
Another factor to consider is that child support must be paid even if the parents were not married or are not currently married. It is also important to note that one’s child support obligation does not begin until the child is born. Child support cannot be ordered during pregnancy. Child support generally ends at 18 or at high school graduation, whichever is the last to occur. There is also a child support obligation for both parents – mothers can be ordered to pay child support in NC just like fathers. It all depends on who the dependent spouse is.
Requesting child support can be an action, or a lawsuit, on its own. It can also be part of a lawsuit for custody, spousal support, and/or equitable distribution. If child support is the only issue in question, the custodial parent may want to seek the assistance of Child Support Services, a division of Social Services under the Department of Health and Human Services. Every state has such an agency. This agency has a very nominal fee to use their services. Child Support Services can be used by parties who were married or by those who were not married. The agency now has an e-account type system wherein the parties can access their account 24/7.
As with any non-married or separated couple who has children, the non-custodial parent will need to be located. Paternity needs to be established if the child was born outside of wedlock. Child support cannot be ordered by the court unless the father acknowledges paternity or is medically proven to be the father. Once paternity is established, the parties can agree to a child support order or the court can rule with an order. Enforcement and assistance with collecting child support is easier when there is an order. A judge can order that wages can be withheld by an employer, tax refunds can be intercepted, and other remedies are available for parents who refuse to pay their support obligation. For example, a non-paying parent’s driver’s license can be revoked; professional licenses (doctors, lawyers, nurses, barbers, relators, plumbers, etc.) can be revoked as well. Passports can be denied to those in arrears for child support.
Child Support Services can also help with registering an order from another state and collecting child support from a parent out of state. Child Support Services uses the same guidelines and worksheets as those used by lawyers and judges. However, Child Support Services only deals with child support in NC, and that alone. They cannot assist with any custody or visitation issues. Custody issues often take parties back to the point where they do need the services of a lawyer to assist with those terms.
To assist with your child support claim, it is imperative that the party seeking child support has as much of the following information for the other parent as possible: address; telephone number; social security number; employer name and address; income and bank information; and tax returns. To reiterate, income information is needed for input in the child support worksheets and the non-custodial parent must be served with the proper paperwork.
The amount one pays or receives of child support can be modified. As a general rule, a parent will need to prove the difference of 15% in the amount owed and that 3 years have passed from last order. If 3 years have not passed, the court may still consider a change in the obligation if there are physical custody changes, the child’s needs change, or a parent’s income has changed. There are mandatory laws on the books that the courts strictly follow on changing a child support obligation. Also, a parent must bring a petition to modify. The courts do not have an automatic review established.
Hopefully this article has provided child support information to assist you with your child support questions. If you have any other questions, please feel free to contact us or read more of our child support articles.
