Child Support Attorneys

Child support is an obligation of one parent to make financial payments to another parent to help cover the costs of the basic needs of the minor child. Child support can be agreed upon by the parents in a separation agreement; may be resolved via a consent order, or can be awarded by the courts in an amount determined by a Judge.

OBLIGATIONS

Under North Carolina law, every parent owes a duty of support to their minor children. This duty encompasses covering of the basic needs, such as housing, clothing, transportation, nutrition, and medical care, amongst other needs. The custodial relationship of the parties can influence the award of child support, but generally, both parents are liable for financial support.

INITIATIONS

Child support is most commonly initiated through the filing of a civil lawsuit. Often, a claim for child support will be included with a complaint for child custody, but they are two separate, (yet linked) claims. Many times, child support claims will be brought by the NC Department of Social Services if the custodial parent seeks government assistance, such as Medicaid.

DETERMINATIONS 

Child support amount determinations are fact specific. Courts will determine the support amount after considering the incomes and expenses of the parents, the reasonable needs of the minor child, and many other factors.

MODIFICATIONS

As the needs of the child(ren) change, the needs of financial support may also change. Likewise, a change in a paying parents income may justify a modification to a child support obligation. Generally, North Carolina courts require a “substantial change in circumstances” before an award may be modified.

THREE YEAR LOOKBACK PERIOD

North Carolina recognizes a presumption of a “substantial change in circumstances” where there has been a 15% or greater change in the award amount (as calculated based on the current needs of the child and income of the parents) if there has been at least three years since the last award amount was set either by initiation or modification. This 3 year review allows an initiating party, such as the Department of Social Services to review files to ensure equitable award amounts. However, a person is not limited by this three year period. One may show a substantial change in circumstances at any point, if that evidence supports that determination.

TERMINATIONS

The obligation to provide for the support of a minor child generally terminates upon the child reaching the age of 18 and is no longer in school, or the minor child has graduated from high school. An order may also be terminated upon the death of the minor child or upon the death of the paying parent.

However, if a parent owes back child support, that obligation will continue until the amount is paid in full.