Child Support FAQs

Can my spouse avoid paying child support if he files bankruptcy?

No, child support obligations are not dischargeable in bankruptcy court.

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Is it 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 resolved by court order. Unless you have some such document, you will not be able to count on the facts that predetermined child support payments will be made by the […]

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What are the advantages to agreeing on child support outside of court?

Child support may either be agreed upon by the parties through a separation agreement or one party may request that the district court make the award. Significantly, because a separation agreement is a contract, the parties may agree for a parent to assume child support obligations greater than those which the law imposes. Parties may wish […]

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Is it possible to deviate from the child support guidelines?

A judge in North Carolina is also permitted to deviate, upwards or downwards, from the guideline amount in cases where the guideline number is less, or more, than the child actually needs. If a party wishes a deviation from the Guidelines, there needs to be evidence supporting this variance. Examples warranting deviation include the standard […]

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What statutes apply to child support?

A number of provisions in Chapter 50 of the North Carolina General Statutes govern child support. These statutes, and a few others, designate who may bring an action for child support; who can be held responsible for its payment; and how soon a child support case should be heard. A child support action may be […]

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What needs to be included when seeking child support?

A complaint, counterclaim, or motion in the cause for child support should contain certain information: the identity of the parties and their residences, the identity of the minors involved, their dates of birth and residences, the existing custody situation, and, if custody is also being sought, the jurisdictional facts required by the relevant provisions of […]

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Who needs to fill out a financial affidavit in a claim for child support?

Local court rules address whether one or both parties must complete a financial affidavit, setting forth the child’s monthly needs and expenses. In some counties, for example, such an affidavit must be filed several days in advance of the court date as well as served on the opposing party. In Wake County, the local court […]

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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 party is acting in good faith and has insufficient funds to pay the lawsuit’s expenses, and the party ordered to provide support has refused to provide support which is adequate under the […]

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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 inherent and statutory authority to protect a minor child’s interest. Thus, no contract can deprive the court of its inherent supervisory power, during a child’s minority, to enforce or modify an agreed-upon support provision. […]

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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 the child has increased needs, even if the parties’ incomes have not changed, a judge may decide to order additional child support. If the payor’s income has declined through no fault […]

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