Fayetteville Child Support Lawyer

Experienced Child Support Lawyer In Fayetteville, NC

Child support is crucial financial support that is paid by one parent to another for the benefit of the parents’ child(ren). It is a legal obligation that is imposed on a parent to help cover the expenses of raising a child(ren). In North Carolina, child support is calculated using a set of guidelines that consider a variety of factors, and pursuant to law, these guidelines are set by a panel appointed by the state with the numbers being revised at least every three years. If your in the midst of a child support battle, contact our Fayetteville child support lawyer at Gary Britt Law today.

How Child Support Is Calculated In North Carolina

Child support is calculated using the North Carolina Child support Guidelines. The Child support Guidelines take into account the following when determining child support:

1. The parties’ number of minor children;
2. The amount of time both parents have the minor child(ren);
3. Both parents’ income (or what the income should be); 
4. Work-related childcare costs related to the minor child(ren) for which support is being paid; 
5. Health insurance costs for the child(ren); 
6. The number of other minor child(ren) each party has in their respective custody; 
7. The amount of child support already being paid by a parent;
8. Certain exceptional costs associated with the child(ren) if deemed relevant by the Court; and
9. In certain situations, other factors the Court might find proper to consider in certain circumstances if said factors relate directly to the child(ren)’s needs and whether they are being met.

Deviation From the Guideline Amounts and Reasons for Deviation

The court can decide not to follow the guideline amount and change the child support amount through a process called “deviation.” The court has the option to deviate when it determines, based on the evidence provided, that following the standard guidelines for child support payments would either not be enough or be too much to meet the child(ren)’s reasonable needs, taking into account each parent’s ability to provide support, or if it would be unfair or inappropriate in some way, then the court can make a different decision regarding the amount of child support to be paid. 

The written text for North Carolina’s guidelines provides examples of situations showing when a court should consider deviating from the guidelines:

1. When one parent is already paying all of the child support and insurance costs;
2. When a child(ren) receives benefits due to the other parent’s disability or retirement; 
3. When the parent is paying child support for multiple families under different orders or agreements;
4. When the parent is paying alimony;
5. When there are necessary childcare expenses unrelated to employment; or 
6. When a parent is receiving tax credits related to the child(ren). 

Granted, these examples aren’t the only reasons for deviation, and the court can consider other issues as well.

If the court decides to deviate from the child support guidelines amount, the court is required provide a written explanation. The explanation must include: 

1. The amount of child support that the parent would be required to pay according to the guidelines;
2. An assessment of the child(ren)’s reasonable needs and the ability of each parent to financially support the child(ren);
3. The reasons why the court believes that the suggested amount of child support (from the guidelines) is either too little or too much, or why using the guidelines would be unfair or inappropriate; and 
4. The basis on which the court determined the specific amount of child support that is being ordered instead.

Calculation For Child support When the Parties’ Combined Incomes Exceed the Guideline Amounts

If the combined income of both parents exceeds the guideline amounts, the court will use its discretion to determine the appropriate amount of child support. The court will consider the financial needs of the child(ren) and the ability of each parent to contribute to those needs.

How Income Is Calculated

As previously mentioned, gross income includes all forms of income, including wages, salaries, tips, bonuses, and commissions, as well as any other sources of income, such as rental income, self-employment income, investment income, and/or “in kind” contributions from others such as when another person or entity pays for regular expenses. It is important to note that income can also be imputed, which means that the court can assign a potential income to a parent if that parent is not working or is underemployed.

How Income Can Be Imputed

If the court determines that a parent is voluntarily unemployed or underemployed, it may impute income to that parent based on their earning capacity. This means that the court will assign a potential income to the parent based on their education, work experience, and other factors.

Sometimes, one parent may claim that the other parent is underemployed or unemployed to avoid paying child support. In such cases, the court may impute income to the parent, which means that the court will determine how much the parent should be earning based on their education, training, and work experience.

Similarly, if the court determines that a parent is intentionally avoiding their child support obligation by working at or reporting a lower wage or income, they may impute income to that parent based on earning capacity. This is known as imputing income for bad faith, and it is a way for the court to ensure that parents are held accountable for their financial obligations to their child(ren).

Work-Related Childcare Expenses

Work-related childcare expenses are another factor that can impact the amount of child support that is paid. If a parent is required to pay for childcare to work or attend school, the court may consider those expenses when calculating child support. The amount of work-related childcare expenses will be divided between the parents based on their income, and this amount is factored into the final child support calculations.

Health Insurance Costs

Health insurance costs are also considered when calculating child support. The court will consider the cost of health insurance premiums for the child(ren) and the parent who is providing the insurance. The cost of health insurance premiums will be divided between the parents based on their income.

In North Carolina, both parents are responsible for providing health insurance coverage for their child(ren). If one parent has access to affordable health insurance, that parent can be required to provide coverage for the child(ren). 

Extraordinary Expenses

Extraordinary expenses are expenses that are not covered by the basic child support obligation. Examples of extraordinary expenses educational expenses and extracurricular activities. If these expenses are necessary for the child(ren)’s well-being, the court may order one or both parents to contribute to these expenses by factoring that amount into the child support calculation, or the court may order the other parent to contribute to those expenses.

Payment Through Centralized Collections

In North Carolina, child support payments are typically made directly from one party to the other or through centralized collections. When a parent pays through centralized collections, those child support payments are made to the North Carolina Child support Centralized Collections, which then distributes the payments to the parent receiving support. This system is often used to help ensure that child support payments are made on time and that the payments are properly recorded.

Wage Withholding

Wage withholding is a process by which child support payments are automatically deducted from a parent’s paycheck. The employer takes the withheld amounts and send the money to centralized collections for distribution to the parent who receives the support.

In North Carolina, wage withholding is not mandatory for all child support orders, but it is frequently ordered, especially when the parent paying child support has a history of non-payment or failing to pay on time.