Charlotte Child Support Lawyer

Charlotte Child Support Attorney

Going through a divorce may mean many changes to your family’s everyday life. If you have children, deciding which parent will have custody can be one of the most stressful and emotional parts of the divorce. Determining a fair amount of child support to pay or receive is another difficult topic. A Charlotte child support lawyer can hear your concerns, provide answers to your questions, and help find a solution that is in your greatest interest.

Why Hire a Child Support Lawyer in Charlotte?

Our Charlotte family law attorneys at Butler, Quinn & Hochman, PLLC, can provide you with skilled legal representation during this difficult time. If you have questions about how the legal process works or what your rights are, our team can provide answers.

Arranging Child Support in North Carolina

Child support is paid by one parent to another to provide for the reasonable needs of a child. Either parent who is providing care in their home for a minor child may request child support. The child support is used to pay for the child’s education, health, and maintenance needs. In North Carolina, child support may be arranged in multiple ways:

• Parents can agree on the amount of child support to be paid and include this information in their separation agreement.
• Parents may decide to sign a Voluntary Support Agreement (VSA). A judge will also sign the VSA, making it an enforceable court order.
• The Child Support Enforcement Agency (CSA) can arrange for child support.
• The parent requesting to receive child support can file a civil complaint in district court.

In Mecklenburg County, the District 26 Mecklenburg County District Court is located at 832 East Fourth Street in Charlotte.

Who Is Responsible for Paying Child Support?

In North Carolina, unless your parental rights have been terminated, you are responsible for supporting your children. In cases where a parent is under the age of 18, his or her parents may be required to pay child support until he or she is 18. Regardless of the citizen or immigration status of a child or parent, all children living in the US are entitled to child support.

Even in cases where parents have joint custody, a parent may still be obligated to pay child support. It is possible to file a child support case against an alleged father, even if the name does not appear on the birth certificate.

How Is Child Support Determined?

North Carolina provides child support guidelines that outline how child custody amounts are determined. The guidelines use the combined adjusted gross income of the parents and the number of children for whom support is requested. The guidelines include scenarios for determining support in cases of low-income and high combined incomes.

In low-income cases, the guidelines provide a self-support reserve to ensure the individual has sufficient income to maintain a minimum standard of living. If the individual’s adjusted monthly gross income is less than $1,150 a month, a minimum payment of $50 per month will be required.

In cases where the parents’ adjusted gross monthly income is greater than $40,000 per month, the child support guidelines cannot be used to determine the basic child support obligation. Rather, the court will determine an appropriate amount to meet the child’s reasonable needs that include health, maintenance, and education.

Estimating a Child Support Payment in North Carolina

North Carolina provides online calculators for estimating the amount of child support you may receive or pay. North Carolina provides three child support calculators based on your situation:

• Situations where one parent has primary custody
• Situations involving joint custody
• Situations where parents have split custody

Each form requires you to input the number of children, monthly gross income, the pre-existing child support payment, the number of other children, work-related child care costs, health insurance premium costs, and extraordinary expenses. There are other specific questions based on the form that are appropriate for your situation.

If you have other children in your home or pay support for other children not living with you, that will be considered when determining child support. The child support guidelines require a minimum payment of $50 per month.

Modification of Child Support

It is possible to modify a child support agreement after a period of three years has passed. A substantial change in circumstances can also trigger a change in child support payments. This is defined as a difference of 15% or more between the current payment and the new calculated payment as a result of current circumstances and income.

Your attorney can assist you with completing the required Motion and Notice of Hearing for Modification of Child Support form. A judge will then hold a hearing on the motion to modify. Your attorney will help you prepare by gathering documentation that justifies your request.

If you determine you are not the biological father of a child for whom you are paying child support, you may file a Motion for Relief with the court. It must be filed within one year of discovering that you are not the biological father.

Child Support for Children 18 and Older

Typically, parents are not required to support a child once they turn 18. In a case where the child is attending but has not graduated from high school, a parent will continue to provide support until the child turns 20.

Some parents agree in their consent order or separation agreement to continue supporting a disabled child or to support a child in college.

If a child gets married, is granted emancipation by the court, or joins the US military before turning 18, child support will end. The parent paying child support is responsible for arrears even after the child turns 18 and has graduated from high school. The child support payments will continue until all arrears are paid.

Refusal to Pay Child Support

If you are not receiving court-ordered child support payments, you may file a Motion for Order to Show Cause. This is a request to hold the other party in contempt.

If you refuse to pay child support, there are consequences that the court may impose. These include:

• Withholding child support from:
  • wages
  • unemployment
  • Social Security
  • veterans’ disability compensation
  • workers’ compensation
• requiring time in jail
• reporting the non-payment to credit bureaus
• denying the issuance or renewal of a passport
• suspension of your driver’s license
• garnishing state and federal tax refunds.

It is important to remember that child support and visitation are two separate decisions. If you are not receiving child support payments, you may not deny visitation.

FAQs

Q: How Much Is a Child Support Lawyer in NC?

A: The cost of a child support lawyer in North Carolina will likely depend on the complexity of the case and the amount of time commitment it will cost the attorney. A complicated case will require more time negotiating and mediating a settlement, and potentially multiple court appearances. The lawyer’s reputation and experience will also factor into the cost. It may be useful to schedule a consultation with the attorney you are considering to represent you to review their billing structure.

Q: Is It Worth Getting a Lawyer for Child Support?

A: Since child support issues are legally complex and can be emotionally trying, it may be prudent to have the advice of legal counsel. To avoid delays or complications in a child support case, all required documents must be filed accurately and in the correct jurisdiction. Attorneys have the skill and experience to gather needed documents, participate in negotiations, present evidence, question witnesses, and navigate the complicated legal system. An attorney can also help with enforcing the order or requesting modifications.

Q: Do You Need a Lawyer for Child Support in NC?

A: You are not required to have a lawyer for a child support case in North Carolina. However, it is important to consider that requesting child support involves complex legal processes. An attorney who is skilled in family law will understand the filing requirements, have experience conducting negotiations, and be able to answer your questions. Scheduling a consultation with a Charlotte child support lawyer is a good first step in understanding how an attorney can advocate for your rights.

Q: What State Is the Hardest on Child Support?

A: Child support guidelines vary by state. States will typically provide a calculator tool or written guidance to estimate the amount of child support that will be paid using information such as the number of children and income. Colorado ranks number one in the nation for the highest annual average child support payment at $38,084. The average annual child support payment is $17,667 nationwide.

Discuss Your Case With a Charlotte Child Support Lawyer

Issues involving custody and support can be complex and emotional for the parties involved. The attorneys at Butler, Quinn & Hochman, PLLC, can respond to your questions and concerns. Our attorneys have years of experience with all aspects of family law and can advocate for the results you are looking for. Contact the office to schedule a free consultation with a skilled child support lawyer.