CHILD SUPPORT

 

Child Support is meant to provide a child(ren) with the financial support of both parents as if they were together contributing to the care and financial well-being of the child.  It is meant to ensure that the child’s standard of living is similar to what they have enjoyed.  Child Support is not meant to be a punishment for a non-custodial parent.

 

The process of establishing, enforcing and modifying any court order is complex and at times confusing.  It is always recommended that parents, guardians or other advocates for the children seek legal counsel that is trained and experienced in family law and can effectively assist and guide you through the legal process.  It is the hope and desire of The Twiford Law Firm that you are able to benefit from the information provided.

 

Child Support:  An Overview-   Frequently Asked Questions

 

1.     How much child support will I have to pay and how is that amount determined?

2.     My friend has one child and receives more child support than I do for two children.  Why is that?

3.     My daughter and her husband are having a hard time right now and have left my grandchild in my care.  I’m on a fixed income and need them to help me. Can I request child support?

4.     How long will I pay or receive child support?

5.     I’ve recently lost my job.  Do I still have to pay child support?

6.     If I get remarried or I move in with my boyfriend/girlfriend, can I still get child support?

7.     How is my child support order going to be enforced?

8.     I have a child support order from another state.  Can North Carolina help me with collecting my child support?

9.     I am currently obligated to pay child support and the child is now living with me.  What can I do?

10.   I have been receiving the same amount of child support for the last 5 years.  Can I get an increase?

CHILD SUPPORT: AN OVERVIEW

 

Child Support must be decided in light of the North Carolina Child Support Guidelines.  The primary components of computing child support under the guidelines are the property worksheet and chart showing basic child support obligations.

 

There are three worksheets:

·          Worksheet A is designed for sole custody situations, and it covers most child support cases. It is used where the child or children live primarily with one parent (or, to be both specific and technical about it, do not stay for 123 or more “overnights” per year with the noncustodial parent).

·          Worksheet B is used for a “joint or shared” custody case, which is any arrangement where the noncustodial parent has the child or children for 123 or more overnight visitations per year.

·          Worksheet C is the split custody worksheet. It is used in cases where each parent has custody of at least one minor child.

 

The Basic Child Support Obligation is contained on a chart that carries figures for support for children of parents with combined gross incomes of up to $15,000 per month ($180,000 per year). For combined monthly adjusted gross income amounts falling between the amounts shown in the schedule, the basic child support obligation should be interpolated. For obligors with low incomes, the guidelines include a self-support reserve which ensures that the obligors have sufficient income to maintain a minimum standard of living, based on the 1997 federal poverty level for one person. For cases with combined incomes higher than the maximum above, child support should be determined by the court on a case-by-case basis, provided that the amount of support awarded is not lower than the maximum basic child support obligation shown in the Schedule.

To calculate a potential child support obligation, you can go to www.ncchildsupport.com.  From that site click on the North Carolina flag entitled “parents”, and on the left tab choose the “cse guidelines”.  You will then need to choose the appropriate worksheet (see above options).  You will enter the gross monthly income (that is income before taxes have been taken out), under both “plaintiff” and “defendant”, as well as any other appropriate information that pertains to your individual situation.  This should give you an indication of the amount of child support that would be required based on the information you have entered.  Keep in mind, however, that this is only an approximation, and until all information has been verified, the amount is subject to change.

Child support is not required to be consistent with the guidelines in every case. Under NCGS §50-13.4(c), if the court finds by the greater weight of the evidence that application of the guidelines would fall short of (or exceed) the child’s reasonable needs, or would otherwise be unjust or inappropriate, the court may order child support that varies from the guidelines. The guidelines provide that if the court orders a deviation, the court must make written findings of fact that justify the deviation, that state the amount of the award which would have resulted from application of the guidelines, and that justify the amount of support awarded by the court.

The First Judicial District requires a financial affidavit or disclosure form to be completed.  Your attorney or an associate can assist you in completing this document and will present it to the court at the appropriate time.  You will need to have your most four (4) recent pay stubs as well as what your monthly expenses are for yourself and the minor child(ren) involved in the action.  Additionally, if you already have a child support order for another minor child(ren) you will need to let your attorney know so that you can be given proper credit.  The child support guidelines require that the non-custodial parent provide health insurance for the minor child(ren) if it is available at a “reasonable cost” through an employer.  There are times when a custodial parent may find that coverage they have in place is a better plan and ask the court to relieve that burden from the non-custodial parent.  If either parent covers the child(ren) on health, dental or vision coverage they are eligible for credit for the child’s portion of the cost.

Provisions for immediate income withholding are required for each child support order in all cases involving the child support enforcement agency. In all other child support cases this is required by NCGS §110-136.3(a) for all orders initially entered on or after January 1, 1994, unless one of the exceptions found at NCGS §10-136.5(c1) applies. These are one of the following two options:

 

·          When a party demonstrates, and the court finds, that there is good cause not to require immediate income withholding. This is defined as a reasonable and workable plan for consistent and timely payments by some means other than income withholding, with consideration given to the obligor’s employment history and record of meeting financial obligations in a timely manner in the past.

 

·          When a written agreement is reached between the parties that provides for an alternative arrangement.

 

 

FREQUENTLY ASKED QUESTIONS

How much child support will I have to pay and how is that amount determined?

 

As was previously stated in the overview, child support in North Carolina is based on a set of guidelines established by our state legislators.  These guidelines are available online at www.ncchildsupport.com, however, they can be complicated and it is in your best interest to speak with an attorney who is experienced and trained to advise you in these complex matters.

 

The child support guidelines typically control what a court will do for families whose combined household income is less than $300,000.00 per year.  As was previously stated in the overview, there are three worksheets to be considered when looking at how much child support a party can expect to pay or receive.  They are based primarily on the number of overnights a child(ren) stays with each parent (either Worksheet A or Worksheet B would be used) or in the case where there are two or more children and each parent has at least one child (Worksheet C) would be used.

 

The way the guidelines work is that both parent’s gross monthly income is entered on the worksheet.  Gross income is that amount of income you receive before any deductions or taxes are subtracted out.  For child support purposes, all income from all sources must be considered with the exception of public assistance from the Department of Social Services (also referred to as “Work First Family Assistance” or “Aid to Families With Dependent Children”) or SSI (Supplemental Security Income).  This would include salary, overtime, bonuses, commissions in addition to any income received from any part-time employment.  Each parent would be eligible to receive credit on the Worksheet for certain expenses they pay for the child(ren) including the child(ren)’s portion of health, dental or vision insurance, work-related daycare or afterschool care expense or extraordinary expenses related to the minor child(ren) including, but not limited to, orthodontic expenses, educationally necessary tutoring or chronic health issues  that have a recurring expense such as asthma or diabetes.  Each parent will be given credit for other minor biological children that live in their home or for which there has already been a child support order established for (neither party is eligible to receive credit for step-children).  Again, this is a complicated process and there are various circumstances that could alter how much an individual is ordered to pay for child support.  You will need to consult with an attorney so that he or she can advise you of how to proceed.  It is more cost effective for you to seek the advice of legal counsel at this stage rather than go through a complicated process on your own that you do not fully understand.

My friend has one child and receives more child support than I do for two children. Why is that?

 

Child support is based on the gross monthly incomes from both parents and because incomes vary from person to person, so does the child support obligation.  The age of the child(ren) could also affect the amount of a person’s child support order as well.  For instance, if the minor child(ren) is under the age of three (3) and the custodial parent is not employed, no income would be assessed or imputed to them because the guidelines allow for the custodial parent not to be penalized by imputing (or assessing) an individual’s potential income (based either on past work history or minimum wage) for the first three (3) years of a minor child’s life.  Once the minor child reaches the age of three (3), the guidelines require that income for the custodial parent be used or imputed for at least 40 hours per week unless there is documentation of a physical or mental disability that precludes the custodial parent from full-time work.  Additionally, a custodial parent with a child over the age of three (3) that chooses to further their education rather than work is not exempt from having their potential income of at least minimum wage imputed to them.

 

My daughter and her husband are having a hard time right now and have left my grandchild in my care.  I’m on a fixed income and need them to help me.  Can I request child support?

 

The short answer is that yes, you do have the right to request child support and you may  have multiple options depending on your circumstances.  If you have gone to the local department of social services and applied for either North Carolina Medicaid or Work First Family Assistance, the intake Medicaid worker would make a referral to the local child support enforcement agency on your behalf.  If you apply for and are approved for Work First Family Assistance (TANF) you would be required to cooperate with the child support agency in establishing a child support order against both parents.  In this case, you are receiving a monthly check from the State of North Carolina and the State recoups that check by having a child support order established.  The money paid by the non-custodial parent(s) would be routed to the State of North Carolina and as long as you receive the TANF check you would not be eligible to receive the child support check.

 

If, however, you apply for and begin receiving Medicaid for the child only, an automatic referral will not be made on your behalf to request the establishment of child support.  You can either request that a referral be made or you can contact an attorney and request that an action be filed against the parents.  You need to be aware that an action would be filed against each parent separately and a child support obligation would be sought against each parent separately, even if they still reside together in the same home.

 

If you have a situation where one of the parent’s is providing some type of assistance to you, whether it be monetary or by providing things you need to care for the minor child,  you do have the option, in certain circumstances, of requesting that an action only be filed against one of the parents.  Again, this is a complicated legal process and it is best to consult with an experienced family law attorney that can assist you getting the financial support you require to care for someone else’s child.

How long will I pay or receive child support?

 

The North Carolina child support guidelines say that child support terminates when a child reaches the age of eighteen (18) and graduates from high school, whichever occurs later.  There are two exceptions to this rule for child support orders established after October 1, 1993.

 

1.     If a child is otherwise emancipated prior to age 18, child support would terminate at that time.

 

2.     If a child is still attending a primary or secondary school (middle/high school) and reaches the age of 18, support shall continue as long as the child is making satisfactory progress towards graduation, until the child reaches age 20.

 

 

It is at the discretion of the court to terminate child support at age 18 or prior to high school graduation.  It is also at the discretion of the court to deem what the definition of “satisfactory progress” is and the child’s grades could be monitored by the court.

 

One omission for a lot of people is college.  College is not an expense a judge can require a parent pay.  It is, however, something that the parties can agree on in a separation agreement or by mutual consent.  If you are concerned about college or paying for college for your minor child(ren), you need to speak with your attorney about the possibility of including this issue in your separation agreement.

I’ve recently lost my job.  Do I still have to pay child support?

 

The short answer to this question  is that yes, once you are ordered or consent to pay child support,  only the court can stop it.  You do, however, under certain circumstances, have some remedy for relief and it would be in your best interest to speak with one of our family law attorneys to assist you..  If you lose your job, through no fault of your own or are laid-off due to employer down-sizing or closing, you could be eligible for a temporary reduction or suspension of your child support obligation.  Your attorney is experienced in dealing with the court on these matters and can assist you in filing the appropriate motion on your behalf.  It is recommended that you speak with your attorney immediately upon this change taking place because it may take a month or more to get a court date and you will be accumulating an arrears balance in the mean time.  The court has, at its discretion, the ability to temporarily reduce or suspend your child support obligation in an attempt to allow you time to find other comparable employment.  You would need to keep in touch with your attorney during that time to report your efforts in securing new employment.

 

If I get remarried or I move in with my boyfriend/girlfriend, can I still get child support?

 

Yes.  Unlike consideration for post-separation support or alimony, child support is based on where a minor child physically resides.  It is in your best interest, however, to speak with your attorney before considering cohabitating outside of marriage.

 

How is my child support order going to be enforced?

 

As indicated in the overview, child support is enforced primarily through income withholding.  This means that if a non-custodial parent is employed (not self-employed or considered a contract employee) then a Notice of Wage Withholding is sent to the employer alerting them to the fact that a child support order has been entered with the court and that they should immediately begin withholding from the non-custodial parent’s pay the appropriate amount.  This is primarily done if the child support order states that monies are to be paid into to North Carolina Centralized Collections.  North Carolina Centralized Collections is an entity that was established as a receiving/distribution entity for all child support payments in North Carolina.  Typically, when an employer or a non-custodial parent mails in their child support payment, Centralized Collections takes the payment, credits the non-custodial parent with the payment and dispenses the funds to the custodial parent, all within a matter of a few hours. This organization receives, processes, and distributes billions of dollars in payments annually.

 

If a non-custodial parent is either self-employed, a contract employee, or not employed, then it is that parent’s responsibility to mail in the payment to Centralized Collections.  If the non-custodial parent fails to make their child support payments timely and fall behind there are several remedies available to enforce the court order. If a non-custodial parent fails to make his/her payments timely they could be held in contempt of court, which could carry a jail sentence, the Court could revoke driver’s license, profession license, hunting/fishing license or their state/federal tax returns could be intercepted in an attempt to collect the amount owed.  Your attorney can advise you of your other rights and responsibilities pertaining to enforcement..

I have a child support order from another state.  Can North Carolina help me with collecting my child support?

 

Yes.  A court order for child support follows the child.  If the non-custodial parent is actively paying child support you will not need to do anything, unless you begin receiving some form of public assistance.  If the non-custodial parent is not actively paying or stops paying, you will need to speak with your attorney about registering your order with the local courts such  that enforcement can be initiated..  Your attorney can advise you on whether or not it would be in your best interest for the attorney to handle the matter or the attorney  may refer you to the local child support enforcement agency.

I am currently obligated to pay child support and the child is now living with me.  What can I do?

 

You need to contact your attorney immediately! The attorney may then file the appropriate motion to alert the court to this change in circumstance and request that your child support order be stopped.  Once the court has ordered child support or you consent to pay child support, only the court can order differently.  Be aware that it may take a month or more to receive a court date.  You should notify your attorney as soon as possible to initiate the needed change.

 

I have been receiving the same amount of child support for the last 5 years.  Can I get an increase?

 

According to the North Carolina Child Support Guidelines every three (3) years either parent has the ability to petition the Court for a review of their child support order without having to show a substantial change in circumstances.  What this means is that after your child support order has been in place for three (3) years the guidelines recognize that needs, situations and incomes change and that child support needs to be reviewed periodically.  You and your attorney should review your financial situation and the needs of the child. It may be possible to enter into a consent agreement for an increase in child support or there may have to be another court hearing for a judge to determine the appropriateness of an increase.  Your attorney has the experience to advise you on the court’s likelihood of modifying an order based on your unique circumstances.