Legally reviewed by:
King Law
March 4, 2024

If you make more money than your ex-partner, or if you have custody of your child 50% of the time or less, you may be required to pay child support. Child support refers to the financial support provided by one parent to the other parent or guardian for the benefit of the child or children. This is a legal obligation that ensures the child’s financial needs are met, even when the parents are separated, divorced, or unmarried. Since this is a legal obligation, a parent cannot waive or refuse to pay child support. In North Carolina, child support is seen as a right belonging to the child, not to your ex-partner, even though the ex-partner is going to be the one responsible for handling the money.

Oftentimes, being required to pay child support can be a confusing and frustrating process. You may feel like you are being forced to pay an excessive amount of money, while your ex-partner does not have to pay you a dime. It can feel unfair, especially when you are unable to be with your child or children as much as you would like. However, understanding the different types of child support should help give you a better understanding of what you are being asked to pay.

When it comes to calculating child support, many things about both the child(ren)’s life and your life will be considered, such as gross income, other child custody or child support obligations, childcare expenses, insurance, necessary costs over $250.00, extraordinary expenses, and in-kind benefits. There are 3 main types of child support that you may be asked to pay: retroactive child support, prospective child support, and/or child support arrears:

(1) Retroactive Child Support: This is money that is owed from the date of separation to the date of filing for child support. Meaning that this is past money that one parent owes. However, when it comes to retroactive child support, there is a statute of limitations. In North Carolina, the statute of limitations is 3 years, which means that a parent can obtain retroactive child support for the 3 years before filing.

(2) Prospective Child Support: This is money that will be owed from the date of filing and into the future.

(3) Child Support Arrears: This is also prospective child support, but the day it was due has already passed and the money was not paid on time.

It is important to keep in mind that the specific laws and procedures for calculating child custody can vary by state and circumstances. Therefore, if you are seeking legal advice as to whether the child support amount you are required to pay was properly calculated, it is recommended that you consult with a family law attorney. If you believe you want to file for child support, have questions about how much you should be paying, or just want a deeper understanding of what it all means, then let’s talk about it. Call King Law today at 888-748-KING (5464) to schedule an appointment.

Legally reviewed by:
King Law
Carolina Attorneys
March 4, 2024

This blog post has been reviewed and verified by legal experts at King Law. Our team is dedicated to providing premium legal services with compassion, innovation, trust, and advocacy. Serving Western North Carolina and Upstate South Carolina, we offer flexible meeting options and strive to exceed client expectations with high-quality legal representation and exceptional client relationships.

Previous Post
How Do I File or Renew a 50B DV Protection Order?
Next Post
Are Trust Distributions Subject to Alimony Calculation