Shelby, NC Child Support Lawyer

In North Carolina, child support payments are made to the parent who has primary physical custody of the child or children from the parent who doesn’t. Generally, payments are made on a weekly or monthly basis.

Regardless of the parents’ relationship, whether post-divorce or never married, each child has the right to enjoy a certain standard of living that they’re accustomed to. Child support arrangements are put in place solely for the child’s benefit, not to reward or punish the parents.

In North Carolina, there’s a formula in place to determine child support that generally can help streamline the process of separating parents. While there are various components to consider, an experienced Shelby, NC child support attorney is prepared to ensure their clients’ awards or payments are determined appropriately.

In North Carolina, when calculating child support payments, the following are significant factors:

• Child custody arrangements
• Both parents’ gross income
• The amount of visitation time
• Special circumstances that involve deviation
• Whether or not a child has special needs

It’s essential to keep in mind that any formula is only as good as what information is being entered. Similar to marital property division, calculating child support will require a full account of both parents’ expenses and gross income. If one parent hides their actual expenses or income, it deems the child support calculations irrelevant. A reputable child support attorney in Shelby will thoroughly investigate to ensure all data provided for the calculations to come up with child support awards is correct.

Payments for child support will continue until the child turns 18 years old. However, there are a few instances where a child may continue receiving child support past 18. These include:

• The child hasn’t graduated from high school at the age of 18 and isn’t otherwise legally emancipated
• At the age of 18, the child isn’t physically or mentally capable of self-supporting
• The supporting parent agrees to continue child support payments for the child past the age of 18 (i.e. assist the child during college)

Both parents owe a duty to ensure their child or children are adequately supported. If the children are living with grandparents or other third parties, both of the legal/biological parents of the children must pay child support. If children are forced to depend on government assistance, it’s common for the county to seek reimbursement in way of child support from both of the parents for the governmental support the children receive.

Another issue directly related to child support is paternity. If you’re not sure whether you’re the child’s father and you’re being ordered or asked to pay child support, you’ll generally need to file an action that will establish paternity.

Child support orders can be modified but typically require a substantial change in a situation. Generally, in most cases, the court will modify or change a child support order if there’s a minimum of a 15% change in a parent’s income. Other common reasons for child support modifications in Shelby include:

• Promotions at work
• Job loss
• Personal injuries

According to the laws of North Carolina state, child support may be reviewed when at least three years have passed since a recent modification or change to child support and when there’s at least one child involved who is under the age of 18 years old.

Regarding child support calculations, the court has the final say. The judge can deviate from the standard guidelines for child support if they feel it’s in the best interest of the child or children involved.

Some reasons why a court might deviate from the standard guidelines for child support include:

• If a parent has a low income, the judge may deviate from the standard child support guidelines to allow that parent to maintain a minimum standard of living that based on the federal poverty level.
• If the parents’ combined income is over $25,000 a month, the judge will consider the children’s needs without the use of standard child support guidelines.
• If there’s already a separation agreement in place with arrangements made for their children’s care, the judge will deviate from the guidelines to favor this particular agreement only if the agreement isn’t considered to be unreasonable for the children’s welfare.

North Carolina state provides a calculator to show what would be required of both parents under the standard guidelines when seeking to determine their shared duties for their children. It’s essential to realize that this calculator is only for informational purposes and isn’t meant to be taken as legal advice. Your Shelby, NC child support lawyer will help you understand what would be expected of you for your particular child support case.