Child Support

There is no reason that every child should not be given an equal opportunity to thrive in America. The goal of child support is to put the child of a couple who do not live together in the same financial position they would have enjoyed if both parents lived together.

Many times I hear my client say, “I just want custody, I don’t want his support”. This is unfair to your children. They deserve the law to give them every opportunity at money they are entitled to under the child support statutes in North Carolina and South Carolina. Further, the state is set up to collect and send payments (and punish when payments are not made) for little or no cost to you. The “waiver” of child support should not “buy” a person custody.

However, many times we see custodial parents attempt to “punish” the other side with an outrageous allegation of child support. Proper amounts should be reviewed for child custody in North Carolina and South Carolina to find a fair ground, based on the guidelines in effect.

Our firm is on the forefront of child support law. Recently, a book “Critical Cases in Family Law” was published, and included Brian King’s case as a top ten case of child support, Head v. Mosier, 677 S.E.2d 191 (NC App 2009); where he won a case for his client and established the way child support is calculated for the self-employed. Brian has spoken at several continuing legal education classes on this case and others as a child support lawyer across North and South Carolina.

Our firm is prepared to move forward with any case of child support. You can be assured you are getting cutting edge representation in every matter, and your child support case will be given top priority from our lawyers in North Carolina and South Carolina.

There are many cases regarding deviation from the child support guidelines. Basically the process is:

  1. There must be a written motion and notice to request deviation (although the Court may do it in the best interests of justice).
  2. The Court then must do a child support guideline.
  3. The Court will look at the:
    1. Need for support.
    2. Ability of each parent to pay.
  4. Determine when the presumptive award would not meet or would exceed the reasonable needs of the child considering relative ability to provide support, or
  5. Should be otherwise unjust or inappropriate.
  6. These are some facts important in a deviation case:
    1. An actual inability to pay amount of support; Blair v. Jackson, 138 NC App 284
    2. extraordinary medical expenses related to parent’s current spouse; Fisher v. Luckinoff, 131 NC App 642
    3. contributions received from 3d party for support; Easter v. Easter, 344 NC 166
    4. one parent pays 100% health insurance
    5. either party pays alimony to ex-spouse