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Do I Have to Pay Child Support?: Hendersonville, NC
For child support in Hendersonville, NC, the child’s natural mother and father are primarily liable for the support of their child. However, this does not mean that each parent pays the same amount. But their relative income will be taken into account to determine child support payments. In certain cases, the grandparents of the child could be responsible for paying the child support. This can happen when the mother or father of the child is a minor as well (less than 18 years old). Also, there are other times when a stepparent may be liable for support. Mr. Jones, as a child support lawyer in Hendersonville, NC, aggressively represents clients facing these child support issues.
How Much Do I Have to Pay In Child Support?: Hendersonville, NC
Child support payments in Hendersonville, NC, are different depending upon your current situation. The main guide here is the North Carolina Child Support Guidelines. But in every case the amount of child support must meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case. The Child Support Guidelines (Guidelines) is based on an “income shares model”, and both parents pay a percentage of “income” for support.
The actual amount that a parent pays depends on how often the child stays overnight and what personal income they generate compared to the other parent. The Guidelines state the amount of child support that is to be split between the parents. However, that amount is only presumed to meet the reasonable needs of the child, and the court may deviate from the Guidelines in certain cases. In any event, the court takes into consideration the standard of living the child would have had if the parents had continued to stay together under the “income shares model.” Mr. Jones, as a child support lawyer in Hendersonville, NC, aggressively represents clients facing these child support issues.
Retroactive Child Support
Do I have to pay child support prior to the child support order in Hendersonville, NC? The child support order generally only requires a party to pay support from the date when you file a complaint or motion for support. However, the court may award “actual expenses” that a parent paid before that filing date to meet the reasonable needs of the child. This retroactive child support amount can reach back to cover expenses for the child up to three years prior to filing for child support. Mr. Jones, as a child support lawyer in Hendersonville, NC, aggressively represents clients facing these child support issues.
Modifying Child Support
How do I modify my child support payments in Hendersonville, NC? The order may be modified upon showing changed circumstances. Any substantial involuntary change in income or change in the needs of the child could warrant a modification. And when dealing with modifying private agreements between the parties, the person asking for a modification must overcome a presumption that the amount originally agreed upon is just and reasonable. Mr. Jones, as a child support lawyer in Hendersonville, NC, aggressively represents clients facing these child support issues.
Terminating Child Support
How do I stop or terminate child support payments in Hendersonville, NC? Child support terminates usually when the child reaches 18 years of age or when emancipated. However, if the child is still making progress in primary or secondary school, the order will not terminate until the child reaches 20 years of age. Termination occurs automatically except in the case where the child is 18 years of age and continuing in primary or secondary education. If the child does not appear to be making progress in education after 18 years of age, the paying parent must petition the court for termination. There are also other circumstances where child support could continue past the age of majority such as involving private agreements or support orders from other States.
But note, if there are arrearages, payment of those may not be terminated upon the child’s obtaining a certain age.
Enforcing Child Support
If a failure to pay support is willful where the payor has the ability to pay, the support order can be enforced by contempt. It is possible for a payor who willingly fails to pay support to become incarcerated for the violation.
2. Withholding Income
This orders the payor’s employer to withhold a certain amount of their wages. This amount is then sent to an enforcement agency called the State Child Support Collection and Disbursement Unit. In certain situations, income withhold is automatic (such as where the payor receives welfare assistance).
Other enforcement avenues include: transfer of real property from payor, payor losed license privileges, and taking tax refunds of payor.
To learn more about child support in N.C. from other outside sources, click here. Mr. Jones, as a child support lawyer in Hendersonville, NC, aggressively represents clients facing these child support issues.
Disclaimer: The information contained on this page is merely for educational purposes only. There are certain statute and case law not included here that you may need to consult. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.
Mr. Jones is a child support lawyer in Hendersonville, N.C.