Lake Norman Child Support Attorneys

How Can I Initiate a Child Support Action?

In North Carolina, a child support action can be initiated as a civil action or in conjunction with divorce, annulment, or alimony proceedings without divorce. The parents can either privately settle a child support agreement with the assistance of their respective attorneys or resolve it publicly through court. The action must be filed in the county where either parent or the child resides or the county where the child is physically present.

How Is Child Support Calculated in Lake Norman?

The amount of child support that a non-custodial parent pays is based on the net disposable income of the parent. This is the parent's income after taxes and other deductions are removed. Because of this, it is essential to be honest with your child support attorney about your income and other information.

The court may also take several other factors into consideration when determining the amount of child support. Some of these factors include:

• The financial situation of the parents
• The actual costs of raising the child
• Costs associated with a child with special needs
• The child support guidelines
• Custody schedules
• Existing child support obligations
• Childcare expenses
• Health insurance costs
• Transportation expenses between parents' residences

If you are concerned about the amount of child support you will have to pay, it is important to work with an experienced child support attorney who can help you to understand your rights and options.

Child Support Determination in Cases with High Combined Incomes

If the combined adjusted gross income of the parents exceeds $30,000 per month or $360,000 per year, the basic child support obligation is calculated differently. In such cases, the court may establish the amount based on the child's reasonable needs for education, healthcare, and maintenance, taking into account factors like the child's accustomed standard of living, childcare costs, the parents' financial situations, and the other parent's accustomed standard of living.

Modifying Child Support

If there are significant changes in circumstances, you can request a modification of child support from the court. These changes may include salary increases or decreases, job loss, injury, or the birth of another child. Many clients also seek a child support modification if the existing order does not include health insurance coverage for their child.

Establishing Paternity & Support Orders

Unless the alleged father acknowledges paternity, a judge cannot issue an order for child support payments. If you suspect that the alleged father is contesting the truth, you may request a DNA test, although its approval is subject to the court's discretion. Without establishing paternity, the father cannot participate in making decisions on behalf of the child, leaving the mother with sole custody.

Child Support Arrears in North Carolina

Typically, child support payments continue until the child reaches 18 years of age. However, if there are outstanding arrears, state law allows for child support orders to remain enforceable for up to 10 years. In essence, if the payor neglected payments, they may be required to make retroactive child support payments until the child turns 28. Given the implications of this law, it is crucial to consult our attorney as soon as possible if you suspect missing or late payments.