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Child Support
NC Child Support Attorneys
If you have children and are going through a separation or divorce, you may have questions about child support.
In North Carolina, both parents are required to provide for the financial support of their child, and either parent may be ordered to pay child support. The goal is to keep the children in the same quality of lifestyle that they would have experienced had the divorce not taken place.
North Carolina has state-mandated guidelines that use a mathematical formula to calculate how much child support is owed and which parent has to pay child support. These guidelines are updated every four years. The formulas use information such as each parent’s gross monthly income, health care expenses, work-related child care expenses, and other expenses to calculate the amount of child support. That said, judges have the right to order child support payments that vary from these guidelines in certain situations such as when the parties earn above or below a certain amount, or for other reasons.
If you have children and are going through separation or divorce, contact the North Carolina child support lawyers at McNeil Law Firm today to schedule a confidential consultation. We can talk with you about the facts specific to your case and help you understand your rights and options.
Contact Us
To schedule your confidential consultation, please complete the form below or give us a call at (919) 803-6778.
Frequently Asked Questions
IF I LOSE MY JOB OR MY INCOME CHANGES, CAN I REDUCE MY CHILD SUPPORT PAYMENTS? If either party's income changes by 15% or more, child support payments may be able to be revisted and/or altered.
MY EX-SPOUSE HAS BEEN REFUSING TO ALLOW ME TO SEE MY CHILDREN DESPITE OUR VISITATION AGREEMENT. CAN I WITHHOLD CHILD SUPPORT UNTIL I AM ALLOWED TO SEE THE KIDS? No. According to North Carolina law, child support payments aren't tied to visitation privileges. An experienced family law attorney can talk with you about your rights and options and help you figure out the best way to proceed.
IF MY EX-SPOUSE REMARRIES, DO I HAVE TO KEEP PAYING THE SAME AMOUNT OF CHILD SUPPORT? Assuming no other factors have changed, then the answer mostly likely is yes. The responsibility for paying for your children's needs is still yours and your former spouse's. Your ex's new spouse is not obligated to support your child.
WHAT CAN I DO IF MY EX-SPOUSE REFUSES TO PAY CHILD SUPPORT? If your ex-spouse has been ordered to pay child support and fails to do so, you can ask the court to hold your ex-spouse in contempt of court. If your ex-spouse is found to be in contempt, he or she could face jail time. Another available remedy the court may order is garnishment of your ex-spouse's wages where your ex's employer deducts money from his or her payment and pays you directly. To learn more about your rights and options, contact and experienced family law attorney.
MY EX-SPOUSE HAS NOT PAID CHILD SUPPORT FOR THE LAST 3 MONTHS. CAN I WITHHOLD VISITATION UNTIL I AM PAID THE AMOUNT DUE? No. If you withhold visitation because an ex-spouse will not pay his or her child support, you are taking the law into your own hands and may be held in contempt of court, which can include jail time. If your spouse will not pay child support, you should talk with an experienced family law attorney who can advise you on how to recover the lost child support payments and help ensure that your ex-spouse makes timely payments in the future.