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When you and your co-parent are raising children separately, both of you share responsibility for meeting your children’s financial needs. Unfortunately, child support often becomes a point of conflict after separation or divorce. Those disagreements should never come at the expense of your child’s stability or well-being.
Working with an experienced child support lawyer serving Raleigh can help you establish a fair support order or enforce an existing one. If you need guidance, the child support attorneys at Breeden Law Office are ready to help families throughout Raleigh and Wake County.
Call us today at (919) 661-4970 or use our online contact form to speak with an experienced family law attorney. With offices in Cary, Wake Forest, and Garner, help is always nearby.
More About Breeden Law OfficeIs Child Support Mandatory in North Carolina?
Child support is crucial to establish when parents are living separately. We can help you understand what’s expected of you and how to secure the support you need.
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What Are the Expectations for Child Support in Raleigh and Wake County?
Child support refers to both parents’ legal obligation to financially support their children. These responsibilities extend beyond basic necessities like food and housing. Child support may also cover health insurance, educational costs, childcare, and other expenses that arise as your child grows.
Parents are not always required to contribute equal amounts. Instead, support obligations are based on the child’s needs and each parent’s financial circumstances.
North Carolina family courts rely on the North Carolina Child Support Guidelines to calculate support amounts. In most cases, the parent with primary physical custody receives child support from the other parent. Child support worksheets are used to determine how much support should be paid or requested once an order is entered.
If your child’s other parent is demanding unreasonable payments, refusing to provide financial support, or violating an existing order, a Raleigh-area child support attorney at Breeden Law Office can help protect your child’s rights.
What Factors Does the Court Consider When Determining Child Support?
When determining how much child support should be paid, North Carolina courts consider multiple factors, including:
- The child’s healthcare and medical expenses
- Daycare or childcare costs
- Educational expenses
- The cost of food, clothing, and housing
- Each parent’s income and financial obligations
- Whether either parent has remarried
- Whether either parent has other children
- Existing child support obligations for other children
In shared custody arrangements, child support may not always be necessary if both parents contribute equally. However, if there is a significant income imbalance or one parent fails to contribute appropriately, child support may still be ordered.
Is Child Support Mandatory in North Carolina?
Under North Carolina law, parents are legally required to support their children financially unless parental rights have been formally terminated. This obligation generally continues until the child turns 18.
Only a child’s biological or adoptive parents are responsible for paying child support. Stepparents and other non-parents do not have this obligation.
Parents who are not U.S. citizens are still required to pay child support if their child resides in the United States. If you are unsure how these rules apply to your situation, a child support lawyer serving Raleigh can review your case and explain your responsibilities.
Can I Change Child Support Amounts?
Although child support is mandatory, orders can be modified if there has been a substantial change in circumstances. Common reasons to seek a child support modification in Wake County include:
- Job loss or termination
- Reduced work hours
- A promotion or significant raise
- Serious injury or illness
- The birth of additional children
In most cases, North Carolina courts require at least a 15 percent change in the amount of child support owed or 3 years has passed since the entry of the current order before considering a modification. However, if your attorney can demonstrate that your circumstances have changed significantly enough to make the current order unreasonable, the court may approve a modification.
Once a child support order is entered or modified, there is generally a three-year waiting period before another modification can be requested.
Related Child Support Topics
Is There a Penalty for Not Paying Child Support in Wake County?
Failure to pay court-ordered child support is more common than many parents expect. If the other parent refuses to comply with a valid order, legal enforcement options are available.
You may file a Motion for Order to Show Cause for Failure to Comply with a Child Support Order, asking the court to hold the non-paying parent in contempt. Penalties for contempt of court may include wage garnishment, fines, or even jail time.
If a parent is temporarily unable to pay due to job loss or other legitimate hardship, they may request a modification rather than risk contempt proceedings.
FAQs about Child Support in Cary
What happens if my co-parent moves out of state—can I still enforce child support in Cary?
Yes, you can still enforce child support if your child’s other parent leaves North Carolina. Thanks to federal laws like the Uniform Interstate Family Support Act (UIFSA), child support orders are enforceable across state lines. A Cary attorney can help you navigate this process.
Can child support cover extracurricular activities or college expenses?
Basic support calculations don’t automatically include extracurriculars or college tuition, but courts can order additional contributions if they believe it’s in the child’s best interest. These costs may be addressed in a separation agreement or as part of a court’s deviation from standard guidelines.
How long does it take to get a child support order in Wake County?
The timeline varies depending on the complexity of your case, whether both parents cooperate, and court availability. If both parents agree, it can be resolved quickly through a consent order. Contested cases can take longer and may require multiple hearings.
Can child support be ordered if the parents were never married?
Yes. Child support obligations apply regardless of marital status. However, paternity may need to be established first if the father is not listed on the child’s birth certificate or if there is a dispute about parentage.
Will the court consider my new spouse’s income when setting child support?
Typically, no. Child support is based on the biological or adoptive parents’ income. However, if a new spouse contributes significantly to your household’s financial stability, the court might factor in the overall economic situation in specific cases, especially during support deviations.
What should I do if I suspect my ex is hiding income to avoid paying support?
If you believe the other parent is underreporting or hiding income, a lawyer can help you request financial discovery or subpoena documents. Courts can impute income based on a parent’s earning potential if they suspect intentional unemployment or underemployment.
Child Support Resources near Raleigh
You can find more information and support from these resources:
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