If I have custody will I receive child support payments?
The court will order that child support be paid to the custodial parent by the non-custodial parent. In North Carolina child support payments Read More »

How is child support determined? What are the North Carolina Child Support Guidelines?
All states have adopted guidelines that set automatic rates of child support according to certain variable Read More »

How long is child support paid or received?
Are there any exceptions?Child support is available under North Carolina law during a child’s minority (until age 18). If a child is otherwise Read More »

What are the advantages to agreeing on a child support amount in a separation agreement?
Child support may either be agreed upon by the parties through a separation agreement or one party may request Read More »

If both parents share custody does anyone pay child support?
Yes, in North Carolina both parents are responsible for paying child support and there will always be a payment except in the unusual Read More »

What factors impact child support amounts?
There are four adjustments that can have an impact on the amount of child support owed by a parent: preexisting child support obligations and responsibility Read More »

Is it possible to deviate from the child support guidelines? Can a judge deviate from the North Carolina Child Support Guidelines?
A judge in North Carolina is also permitted to deviate, upwards or Read More »

How is child support determined if the combined gross monthly income is greater than $300,000? monthly income exceeds $200,000 per year. In such cases, the parties either need to negotiate an amount Read More »

How do I decide which child support worksheet to use?
The Guidelines set child support in all three potential custody arrangements — sole, joint and split. “Sole” custody calculations Read More »

How do I fill out the child support worksheets?
There are several variables taken into account on the worksheets, one of them being gross income. The definition of gross income in the Guidelines is Read More »

Will it be necessary to have a hearing to decide child support?
What will be involved in a hearing? No, child support may be settled between you and your spouse by written agreement or it may be Read More »

Can the courts overrule child support amounts in separation agreements?
No matter what the child support provisions in a separation agreement say, they are not fixed in stone. The court has both Read More »

Can my spouse avoid paying child support if he files bankruptcy?
No, child support obligations are not dischargeable in bankruptcy court. Read More »

If my ex-spouse remarries and has a child with the new spouse, will this affect the amount of child support that he or she will pay for our children?
Generally, the answer is no. If an ex-spouse who Read More »

Is child support taxed to the recipient?
Child support is not taxed to the recipient, nor can it be claimed as a tax deduction by the payor. Internal Revenue Code Section 71 provides that alimony is Read More »

What statutes apply to child support? What is an action for child support? Read More »

Can a parent refuse to allow visitation if child support is not paid?
Although many clients think they can tie child support payments to visitation privileges, it is important that you understand that Read More »

What responsibilities do grandparents have for paying child support?
In rare circumstances grandparents have responsibilities for paying child support. Read this article by Laura Wish Morgan on Read More »

Are stepparents ever required to pay child support for their spouse’s child or children?’
Stepparents may be responsible to pay child support for children that are not of their marriage, but the Read More »

What role do stocks options and IRAs play in determining child support?
Stock options and IRAs can be considered income for calculating child support amounts. Read these articles by Laura Wish Morgan Read More »

What needs to be included in a complaint, counterclaim, or motion for child support?
A complaint, counterclaim, or motion in the cause for child support should contain certain information: the Read More »

In making a claim for child support, who needs to fill out a financial affidavit? What information will the parties need to provide?
Local court rules address whether one or both parties must Read More »

Who can make a claim for attorneys fees in a child support matter?
The custodial parent may have a claim for attorney’s fees if the fees are reasonable, the action is for child support only, the Read More »

What if claiming child support involves another state? What is the Uniform Interstate Family Act?

Another potential avenue for relief with child support arrearages exists under the reciprocal Read More »

How can child support be modified?
Our courts apply two different standards when determining whether to modify child support, depending on whether the original award was embodied in a separation Read More »

What are changed circumstances and how do they affect child support?
Changed circumstances may make the amount of child support go up or down. There are many, many ways in which this can happen. If Read More »

Once child support is determined, can it be appealed?
Once you have been awarded child support, your work or your attorney’s work is not over. The court often requests that the child support Read More »

What can I do if my spouse refuses to pay child support?
What are the options if child support is not paid on time or in full?Where child support is agreed to in a separation agreement, or ordered by Read More »