North Carolina Divorce Law – Raleigh Divorce Lawyer
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Quickly find the answers you’re looking for as it pertains to Child Support in North Carolina.
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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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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Our courts apply two different standards when determining whether to modify child support, depending on whether the original award was embodied in a separation agreement or in a court order. If child support is embodied in a separation agreement, the standard for “modification” requires only that the moving party must show the amount of support […]
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Once you have been awarded child support, your work or your attorney’s work is not over, especially if you want to appeal your child support award. The court often requests that the child support order be drafted by the prevailing party. This task can be treacherous for the unwary. The state’s appellate courts have overturned […]
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The Guidelines set child support in all three potential custody arrangements — sole, joint and split. “Sole” custody calculations occur under Worksheet A, which applies when the non-custodial parent has the child for fewer than 123 overnights during the year. To fall under the Guidelines definition of “joint” custody and to be eligible for a support […]
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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 quite broad and certain calculations must be made if self-employment or the operation of a business is involved. Two special points should be noted in regard to statements about actual […]
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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 deductible to the payor and includable as taxable income to the payee. As noted in Internal Revenue Code section 71(c), however, child support now includes amounts […]
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Another potential avenue for relief with child support arrearages exists under the reciprocal enforcement of support statutes among the various states. North Carolina has enacted a statutory remedy to provide for the interstate enforcement of child support obligations, called the Uniform Interstate Family Support Act, Chapter 52C of the North Carolina General Statutes (“UIFSA”). UIFSA, which went […]
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Step-parents may be responsible to pay child support for children that are not of their marriage, but the requirement to pay is dependent on the facts of the case. In the presence of a signed and notarized agreement to pay support, that contract will be enforceable. See Moyer v. Moyer 122 N.C. App. 723 (1996). If […]
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