A significant part of the divorce process is ensuring that a couple’s children have the requisite financial resources. In most cases, child support is payable until the child turns 18 or graduates from high school. 

Typically, the non-custodial parent will be required to pay an amount as determined by the court. To determine this amount, the court uses the North Carolina Child Support Guidelines, as well as other factors as described below.

Graber Law Firm attorneys recognize that child support can have a major impact on the finances of both parties and represents clients in advocating for appropriate support amounts. 

Amount Determinations

North Carolina’s Child Support Guidelines typically apply to all child support cases and are used to determine support obligations.  Specific child support amounts are calculated based on the nature of the custodial arrangement, the income of both parents, and also give consideration to major additional expenses such as childcare and health insurance.  Additional financial resources available to both parties are also taken into account where applicable. The courts require both parents to share the burden of the financial needs of the child or children.  In cases where the incomes of both parents exceed $360,000, the court will utilize alternative methods to establish specific amounts.
 

Child Support Modifications

After child support has been determined by the court, some situations may warrant adjustments to be made in the amount of support.  As financial circumstances change for both parties, a formal action can petition the court for changes in the amount of support.  

Enforcement Actions

The payment of child support is state-mandated, enforced by North Carolina’s Child Support Enforcement Program.  This program provides the state with a range of legal options to collect and to enforce the payment of child support.

Legal action may be pursued to compel the child support payments by parents who refuse to pay, are behind in payments, pay less than stipulated, or make untimely payments.  Deadbeats are subject to contempt-of-court proceedings, fines, or even jail time.  

Issues for Affluent Couples

In certain cases and at specified income levels, the court is allowed to deviate from the NC Child Support Guidelines to consider additional lifestyle factors in amount determinations, such as private tuition and extracurricular activities.  These situations require litigation and benefit from highly-skilled and experienced counsel