Child support in North Carolina

May 04, 2013

Child support in North Carolina

Article provided by The Law Office of Matthew T. Marcellino, PLLC
Visit us at http://www.mtmlawfirm.com

There are few responsibilities in life as great as raising a child. All of the time and effort that parents put in to this responsibility allows the child to reach his or her full potential. If this support disappears, the child could struggle, and face challenges that may be too difficult to overcome.

When parents decide to end a relationship, these obligations to support the child still exist. Parties may need the court to determine child custody, which will be decided using the best interest of the child factors. Once the court makes this ruling, often, the next issue they will consider concerns the child support payments that the noncustodial parent must pay.

North Carolina courts have specific guidelines that they follow when they are asked to make a determination of child support. These guidelines specifically review the income of each party, and base a support award on the income that is available and the amount of time that each parent is allowed to spend with the child.

It is very important for those experienced with reviewing the income of the parties to assist with this part of the process. Frequently, parties may try to conceal some of the income that they have to avoid paying more child support. If this is not detected, the children could receive less money to go toward necessary expenses.

Also, the court may order one of the parents to provide health insurance, or to pay any health care expenses that arise. Additional expenses related to the child's upbringing, such as daycare, may also need to be addressed at this time.

The court, after determining the child support amount according to the guidelines, may award spousal support in order to help the custodial parent make ends meet. This may often occur in situations where this parent abandoned a career to stay at home and raise the child.

Courts do have the discretion to depart from the guidelines, if they have a valid reason. The court will examine the support that is called for under the rules, and compare this to the parent's ability to pay. The court may order a downward departure so long as the needs of the child are still being met.

Situations may arise that could impact the amount of support that was originally awarded. A parent may lose his or her job, making the parent unable to pay what is required. Additionally, modifications to support may be awarded if it is determined that the needs of the child have changed. These cases will require a careful review of the facts by the courts before a decision to reduce the support will be made.

If you have questions about a child support matter, you need to know how the current laws in place will apply to your specific situation. An experienced family law attorney can explain the child support guidelines to you, and also demonstrate how these guidelines may impact your case.