In North Carolina both parents have a legal responsibility to financially support and contribute to their child’s upbringing. If you are going through a divorce or separation, or if you have an ex who refuses to pay child support, you may have questions or concerns about child support. The Asheboro family law attorneys at Garrett, Walker, Aycoth & Altamura LLP have successfully represented hundreds of clients involved in child support disputes. We have a wealth of experience in handling all types of child support matters and we are happy to help you obtain the guidance you are looking for.
If you needs to speak to an Asheboro child support attorney today, you can reach us by calling 336-405-8080 or anytime by email at Asheboro@gwa-law.com . Our office offers affordable payment plans that will work for your financial situation.
Do you have questions about child support in North Carolina?
The family law lawyers at Garrett, Walker, Aycoth & Altamura LLP have answered the following frequently asked questions for their clients over the years:
1. How do the courts calculate child support?
In a typical child custody case in North Carolina, the court will determine child support based on several factors as provided in the North Carolina Child Support Guidelines. These factors include the following considerations:
These guidelines apply to cases in which income is less that $300,000 per year (or $25,000 per month), and judges have much more discretion to vary from these guidelines when income exceeds $300,000 per year. If you need help calculating what you are likely to pay or receive in a child support action, our Asheboro child support lawyers are available to help.
2. Who owes child support if my ex and I share joint custody?
A common misconception is that if custody is split 50/50 between parents, then neither party will pay child support. This is may be untrue in North Carolina; even if both parents share custody on an equal basis, one parent may still owe child support to the other. When calculating child support payments in a joint custody arrangement, the court will apply the North Carolina Child Support Guidelines which consider each parent’s income and their contributions toward childcare, health insurance, medical care, and other necessary expenses. If you are interested in obtaining child support from your ex or you are being sued for child support, the Asheboro child support attorneys at Garrett, Walker, Aycoth & Altamura LLP can assist you in obtaining a fair result.
3. How long does child support last?
In most cases, child support obligations continue until a child turns 18, graduate high school or when they become legally emancipated. Child support payments may continue beyond 18 if the child is still in high school, however, and the court may order payments to continue until age 20 as long as satisfactory progress is being made toward a high school diploma. Child support payments do not continue beyond age 20 unless the parents voluntarily agree to such an arrangement.
4. Can I get child support even if I was never married to my ex?
Yes. The North Carolina Child Support Guidelines require both parents to support their children, regardless of their marital status. If the other parent is refusing to provide child support, our Asheboro child support attorneys can help you obtain a court order establishing child support. If you were never married to the father of your child, you may need to establish paternity of the father before you can obtain a child support order.
5. What happens if the other parent stops paying child support?
If the mother or father of your child has been ordered to pay a child support obligation and they stop making payments, they will owe those back payments and may be held in contempt if they don’t resume making their scheduled payments and make up for missed payments. To enforce the order, you must file a motion for contempt, which is heard by a child support judge. Failure to pay child support may result in civil or criminal contempt including jailtime. If the other parent has stopped paying due to a loss of income/unemployment, they will still be required to pay a minimum amount of support pursuant to child support guidelines and they may be ordered to complete regular job searches until they secure new employment. The Asheboro child support lawyers at Garrett, Walker, Aycoth & Altamura LLP can assist you in collecting child support arrears and enforcing the child support payments you are entitled to.
6. Can I stop paying child support if I don’t get visitation with my child?
No. North Carolina law treats child custody and child support separately, so even if the other parent is not allowing you visitation, you are still obligated to make your court-ordered payments. Failure to make these child support payments can result in serious penalties, including contempt of court criminal charges, wage garnishment, and financial penalties. Unless and until your child support order is modified, you are responsible for making your payments on time and in full. If you can no longer afford your child support payments due to financial difficulties such a reduction in wages, loss of job or serious illness, you must file for a modification of the child support order. If your ex is refusing to make child support payments, you will need to file a motion to enforce the order. No matter your situation with child support, our Asheboro child support attorneys are here to help. We offer affordable payment plans that will work with your financial situation. Call today for a child support case evaluation at 336-405-8080, or email us anytime at Asheboro@gwa-law.com .
7. How do I modify a child support order?
Depending on your situation, you may be eligible to file for a modification of child support (increasing or decreasing the amount) based on a substantial change in circumstance. If you owe child support and you have lost your job or incurred other financial hardship (or, in contrast, the other parent now out-earns you), you may be eligible for a reduction in child support. If you collect child support from the other parent and that parent now has a higher paying job or your child now has additional special medical or educational needs, you may be eligible for a modification of child support to increase the amount of child support you receive. Your eligibility for an increase or a reduction in child support will depend on a variety of factors. Our child support attorneys can help you assess your rights and responsibilities regarding child support and can assist you in filing for a modification of child support. Going to court with an experienced Randolph County child support lawyer by your side should greatly increase your odds of obtaining the modification in child support you are seeking.
Your reliable Asheboro child support attorneys are here to help. Most child support cases aren’t easy—they are often intricate, with a lot of complicated income forms and financial paperwork to complete. The highly skilled attorneys of Garrett, Walker, Aycoth & Altamura LLP have decades of combined legal experience with the child support process and can assist you in every step. We are conveniently located in Asheboro at the Carolina Farmer’s Mutual Building in Asheboro, across the street from the Dixie Express. Our address is 515 West Salisbury Street, Suite C. You can secure an informative and confidential consultation by calling 336-405-8080 or by emailing us at Asheboro@gwa-law.com . We offer affordable payment plans that will work with your financial situation.
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