Huntersville Child Support Attorneys
Huntersville Child Support Lawyers - Guiding You Through Your Child Support Matter
Child support is financial support provided to the custodial parent for the benefit of the minor child(ren). As with child custody, child support is usually settled by the parents through an agreement. The financial obligation is determined after consideration of both parents' gross monthly income. Other considerations that are factored into the amount awarded include health insurance premiums for the minor child(ren), work-related child care expenses, and extraordinary expenses.
As set forth in NCGS 50-13.4, child support shall be determined after considering the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case.
Huntersville Child Support Lawyers - Guiding You Through Your Child Support Matter
Child support is financial support provided to the custodial parent for the benefit of the minor child(ren). As with child custody, child support is usually settled by the parents through an agreement. The financial obligation is determined after consideration of both parents' gross monthly income. Other considerations that are factored into the amount awarded include health insurance premiums for the minor child(ren), work-related child care expenses, and extraordinary expenses.
As set forth in NCGS 50-13.4, child support shall be determined after considering the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case.
North Carolina Child Support Guidelines
In North Carolina, the Child Support Guidelines will help determine child support obligations. The Guidelines are applicable to determine child support when the combined gross annual income of the parents is less than $300,000 ($25,000 per month). When the gross annual income of the parents exceeds $300,000, a court may deviate from the Guidelines in determining a just or appropriate amount for child support.
The North Carolina Child Support Guidelines consider income from any source, such as employment or self-employment, IRAs, retirement pensions and plans, Social Security benefits, gifts, or alimony. When child support is not paid as ordered by the court, the obligor may be held in contempt for non-payment. Additionally, the Child Support Enforcement Agency may assist you in attempting to collect unpaid child support.
It is important to understand that child support may be determined by separation agreement or by court order. If parties decide to determine child support in a separation agreement, the court may order a different amount of support to be paid. The court has the duty and the authority to protect a minor child's interests. Moreover, if child support is set by way of separation agreement, absent a court order, the agreement is not enforceable by way of contempt. Instead, an enforcement action would need to be brought as a breach of contract.
The Guidelines are different based on the amount of time the child physically spends with the parent. When the parent has primary physical custody of the child (at least 243 overnights per calendar year), the court will use Worksheet A in determining child support. When the parents share physical custody (at least 123 overnights per calendar year), Worksheet B will be used. When the parents split custody of two or more children, Worksheet C will determine child support.
Modification of Child Support
Child support may be modified depending on whether the award was made by way of separation agreement or court order. If the original award was made by way of a separation agreement, the standard for modification requires the moving party show that the amount of support is necessary to meet the reasonable needs of the child at the time of the hearing. This will require some evidence of the appropriate level of support.
If the original award was made by court order, however, the moving party must show a substantial change of circumstances. This requires that party seeking to change the amount of the award show that circumstances since the original award have substantially changed to such an effect that the amount of the award does not reasonably provide for the minor child. The court will consider the reasonable needs of the child, the parent's respective ability to pay, and other financial factors provided for under the Guidelines. As a general guideline, if the order is at least three (3) years old and a difference of 15% or more between the amount of the existing award and the amount of child support resulting from application of the Guidelines based on the parents' current income or circumstances, there may be a presumption of a substantial change in circumstances warranting the modification of the previous order.
Adkins Law is able to provide you with assistance in a variety of family law issues, including child support. Contact Adkins Law if you wish to speak with an experienced Huntersville child support lawyer. Our law firm has earned a reputation for our bold and innovative approach to getting our clients the best results.
In North Carolina, the Child Support Guidelines will help determine child support obligations. The Guidelines are applicable to determine child support when the combined gross annual income of the parents is less than $300,000 ($25,000 per month). When the gross annual income of the parents exceeds $300,000, a court may deviate from the Guidelines in determining a just or appropriate amount for child support.
The North Carolina Child Support Guidelines consider income from any source, such as employment or self-employment, IRAs, retirement pensions and plans, Social Security benefits, gifts, or alimony. When child support is not paid as ordered by the court, the obligor may be held in contempt for non-payment. Additionally, the Child Support Enforcement Agency may assist you in attempting to collect unpaid child support.
It is important to understand that child support may be determined by separation agreement or by court order. If parties decide to determine child support in a separation agreement, the court may order a different amount of support to be paid. The court has the duty and the authority to protect a minor child's interests. Moreover, if child support is set by way of separation agreement, absent a court order, the agreement is not enforceable by way of contempt. Instead, an enforcement action would need to be brought as a breach of contract.
The Guidelines are different based on the amount of time the child physically spends with the parent. When the parent has primary physical custody of the child (at least 243 overnights per calendar year), the court will use Worksheet A in determining child support. When the parents share physical custody (at least 123 overnights per calendar year), Worksheet B will be used. When the parents split custody of two or more children, Worksheet C will determine child support.
Modification of Child Support
Child support may be modified depending on whether the award was made by way of separation agreement or court order. If the original award was made by way of a separation agreement, the standard for modification requires the moving party show that the amount of support is necessary to meet the reasonable needs of the child at the time of the hearing. This will require some evidence of the appropriate level of support.
If the original award was made by court order, however, the moving party must show a substantial change of circumstances. This requires that party seeking to change the amount of the award show that circumstances since the original award have substantially changed to such an effect that the amount of the award does not reasonably provide for the minor child. The court will consider the reasonable needs of the child, the parent's respective ability to pay, and other financial factors provided for under the Guidelines. As a general guideline, if the order is at least three (3) years old and a difference of 15% or more between the amount of the existing award and the amount of child support resulting from application of the Guidelines based on the parents' current income or circumstances, there may be a presumption of a substantial change in circumstances warranting the modification of the previous order.
Adkins Law is able to provide you with assistance in a variety of family law issues, including child support. Contact Adkins Law if you wish to speak with an experienced Huntersville child support lawyer. Our law firm has earned a reputation for our bold and innovative approach to getting our clients the best results.