Typically in North Carolina, noncustodial parents are required to make child support payments to custodial parents as part of a court order. As we have explained before on our blog, these payments are supposed to provide the child with financial support that enhances their wellbeing.But sometimes these support obligations can become too much for noncustodial parents who are struggling financially. They may find it difficult to make payments on a routine basis or may have to make tough decisions about their own needs versus the needs of their child. In situations such as this, a noncustodial parent might ask the question we've posed above: When can a parent request modification of a support order?According to the North Carolina Office of Child Support Enforcement, parents who have child support obligations may request modification of their court order when their circumstances have significantly changed to the point where the child is being affected. Though this may seem broad and a … [Read more...]
Can you get arrested for failing to pay child support?
Here in North Carolina, as is the case elsewhere across the nation, non-custodial parents are typically required to make child support payments to the custodial parent. As you may or may not know, an obligation to pay support is handed down by a family law judge and is considered enforceable under state law.Those who aren't as familiar with family law as an attorney is, though, might ask the question we're posing in today's post title: can you get arrested for failing to pay child support? The answer is no, but it's crucial to know that this doesn't necessarily mean you aren't breaking the law and can't ever be arrested. Let's take a look. As the North Carolina Division of Social Services explains, though a non-custodial parent is breaking the law by failing to pay child support, these delinquent payments are not considered immediate grounds for arrest in our state. In order to enforce the law, a custodial parent must serve the non-custodial parent with a Motion and Order to Show … [Read more...]
What do child support payments cover in North Carolina?
If you are a noncustodial parent here in North Carolina who is being forced to make child support payments, you may have questions about your legal obligation. One question that often gets asked is what your child support payments are being used to cover. For many noncustodial parents, the answer to this question may remain allusive. For others, it might even be a little confusing. That's why, in today's post, we want to take a look at this question and perhaps clear up some confusion on the matter. What do child support payments cover in North Carolina? Most people assume that child support payments only cover food, clothing and other basic necessities. But according to the North Carolina Division of Social Services, child support payments must also cover other needs such as: medical care, transportation, shelter and educational needs. This means, depending on how the court decides, a noncustodial parent may be required to provide medical insurance for their dependants, cover … [Read more...]
Five things you need to know about child support
Child support is a part of just about every divorce involving children as well as child custody matter in North Carolina. However, there are still many things that people don't quite understand about child support, even after they have been awarded it or ordered to pay it.Here are five things you need to know about child support in North Carolina, especially if you are currently going through a divorce involving children or a child custody matter: 1. Child support is not taxable.It is not considered taxable income for the parent who receives it, and it is not considered a tax deduction for the parent who pays it.2. You can be ordered to pay temporary child support before a permanent amount is ordered.Temporary support may be ordered after a short hearing at the beginning of the case until a permanent amount can be agreed upon or ordered by the court.3. Child support can also include the responsibility to pay for health insurance, therapy and other special needs.Child support is more … [Read more...]
Can parents waive the right to child support in North Carolina?
In some cases, parents might think that letting the other parent off of the hook for child support is a way to get the child custody arrangement that that parents wants.For example, a mother might think that by offering to not make the father pay child support the father will agree to give her custody of the child.However, generally speaking, parents cannot waive the right to child support in the state of North Carolina. Child support is not intended to be used as a bargaining tool in child custody cases. It is ordered for the benefit of the child involved, and so neither parent has the authority to decide that it is not necessary.Child support is often calculated based on the North Carolina Child Support Guidelines. The guidelines take many variables into account, such as each parent's income, daycare expenses for the child, the cost of medical insurance for the child, and the child's living arrangements.In order for parents to agree to child support payments that are far outside of … [Read more...]
Answers to common questions about North Carolina child support
A divorce is, by definition, the dissolving of a legal contract between two adults. In a way, the act of getting a divorce in North Carolina is a reflection of a presumption that the state had an interest in the couple marrying in the first place, and so it has an interest in having a hand in matters when the marriage ends.However, one of the realities of divorce, especially when minor children are involved, is that the obligation to support and care for those children doesn't dissolve. And the state has an interest in making sure that the parents live up to the responsibilities of raising their dependants. To that end, the state has a established guidelines that the courts are meant to use to gauge whether child support terms proposed by the divorcing parents are likely to meet the "reasonable needs" of their children. If they don't, then the courts have the power to order changes.The parameters currently in place have been established by the Conference of Chief District Court … [Read more...]
