Category Archives: Child Support

What You Should Know About Child Support in Lee County NC

Child support in Lee County North Carolina is the amount of money that a non-custodial parent pays to the parent with physical custody of the child in order to help support the child when the parents live separately. North Carolina parents have the option of agreeing to an informal out-of-court child support arrangement for an agreed-upon amount, or the court can issue a child support order. Additionally, any parent, person, agency, organization or institution who has custody of a minor child, or who is filing for custody, can petition to receive child support in Lee County North Carolina in court.

If you do choose to formally petition the North Carolina court in order to request child support, it can be done either in civil court or through a criminal action. In North Carolina civil court, you may file for child support on your own, with the assistance of a hired lawyer, or through the Division of Social Services (DSS) which will file the child support case on your behalf.

The North Carolina criminal action for child support can be initiated when a parent “willfully” refuses to provide adequate child support, even if no child support order has been issued by the court yet. Willfully refusing to pay child support is a misdemeanor crime in North Carolina. If a parent is convicted of this crime, a family law judge has the option of forcing the parent to transfer property to the custodial parent, garnish the parent’s wages, give the parent a suspended jail sentence that would upon the condition that the person pay child support in a certain amount upon a certain schedule. If the parent fails to follow the order, the suspended jail sentence may be placed into effect.

If you have physical custody of your child and want assistance filing for child support, contact a local child support attorney for more information.

How Is Child Support in Sanford NC Calculated?

For the most part, child support in Sanford North Carolina is ordered in an amount equivalent to that in the state child support table that corresponds with the parents’ adjusted income. This comparison serves as a rebuttable presumption as to the proper amount of child support in Sanford North Carolina cases.

Expenses Included in Guidelines

North Carolina law establishes certain child support guidelines that are used to determine the amount of support that a child needs in comparison to the earnings of both of his or her parents. This amount is based on data regarding the average expenditures on children. The amount in the guidelines excludes amounts for child care, health insurance and healthcare costs that exceed $250 per year. If the child incurs these costs, the reasonable amount of these expenses is added to the amount in the guideline on a prorated basis between the parents based on their individual incomes. The court may also order that other expenses be added to the child support guidelines, including expenses related to the child’s education or expenses incurred in transporting a child between his or her parents’ homes.

Determining Adjusted Income

In most cases, the child support obligation is calculated by adding the adjusted gross incomes of the parents together and then prorating the amount of support between the parents based on their respective incomes. Gross income is the amount of income that a parent receives from any source, including wages, self-employment, business income, rental property income or income from retirement funds and investments. This income is adjusted to account for any other existing child support obligations. If the court finds that a parent is voluntarily unemployed or underemployed, it can impute the amount of income based on the amount that the parent should be earning.