With divorce comes the issue of child custody, and with child custody comes the question of supporting that child financially.
When a couple splits, so do their finances. Even when a couple was never legally married, there are two incomes directly related to supporting the child. A child deserves to live without wondering if a parent can maintain a stable financial existence, which is why child support laws exist.
Whether you need child support enforced or are starting the process of applying for child support, the Charlotte law offices of Remington & Dixon, PLLC is here to help.
Read more below for more information on child support laws in North Carolina.
Help with Filing Child Support
It is recommended you retain a Charlotte NC family law attorney first before filing for child support. The multiple counties making up the greater Charlotte area operate a little differently. So, it’s best to let a lawyer experienced in dealing with these courts help you.
The office of your attorney can handle filing the necessary forms and making sure all parties involved are aware of the child support request. A legal novice could make mistakes in the filing process, leading to more complications with an already complicated process.
How is Child Support Calculated?
North Carolina uses a “child support calculator,” which is a formula used to calculate how much money one parent needs to provide to the other.
The main factors making up this formula are as follows:
- Number of Children
- Gross Monthly Income of the Non-Custodial Parent
- Amount of Any Support Paid in a Prior Marriage by the Non-Custodial Parent
- Monthly Daycare Costs of the Non-Custodial Parent
- Monthly Cost of Family Group Health Insurance of the Non-Custodial Parent
- Gross Monthly Income of the Custodial Parent
- Amount of Any Support Paid in a Prior Marriage by the Custodial Parent
- Monthly Daycare Costs of the Custodial Parent
- Monthly Cost of Family Group Health Insurance of the Custodial Parent
Keep in mind that the custodial parent is the parent whom the child holds primary residence. As illustrated by the factors, the calculator does not favor one parent or the other.
With all other factors equal, the parent who brings in more income monthly will likely have to pay more in support. However, daycare costs, health insurance premiums, and support to other families can change that.
What Does Child Support Cover?
Child support covers most costs associated with raising a child in 2019. These payments go beyond necessities like food, clothing, and shelter. Other things that could be negotiated along with a basic child support obligation include division of:
- Medical Care
- Transportation to School, Other Activities
- Education Fees
- Extracurricular Activities
The best options for negotiating what child support will cover is in mediation. If a couple can decide in mediation who pays for what, they can avoid court and the official child support calculator. A judge will decide the payments if the parents cannot.
Attorneys for Child Support in Charlotte
Before thinking about making a child support request, you need to call Charlotte family law attorney Jennifer K. Dixon. Jennifer Dixon has spent several years working in North Carolina family courts and has experience dealing with judges in:
- Mecklenburg County
- Union County
- Cabarrus County
Remington Dixon is here for the parents of Charlotte who need to support their children. Don’t hesitate to pick up the phone and call 704-247-7110 or visit our office in Charlotte at 135 Perrin Place, Suite 200 to schedule your consultation.
More Info On Child Support
The short answer to this question is: yes; your ex-spouse can go to trial for not paying child support in Charlotte, North Carolina. However, there are several factors that go into this punishment, and it isn’t as simple as missing one payment or getting slightly behind.
Raising a child with one income is not easy. This is why your spouse was ordered to pay child support. No one should be expected to be financially responsible for their child alone. It goes without saying that when someone helps bring a child into the world, they should do their part in every way to ensure they have a good quality of life, which includes making a financial contribution.
Child support payments are meant to help with the cost of raising your children, such as food, clothing, housing and other things like medical bills, school fees, extracurricular activities, childcare, and entertainment.
When your former partner doesn’t make child support payments, your funds can be greatly reduced, directly affecting your child and their quality of life.
Repercussions or Punishment for Not Paying Child Support
When a person stops paying or refuses to pay court-ordered support, they can be held in contempt of court because a court order requires them to pay child support. By not paying, your ex-spouse is breaking the law and can serve jail time as a result. However, this is not ideal for either you, your ex, or your children. There are steps you can take first to resolve your child support issues.
In the event that your spouse stops paying child support, your attorney will assist you to get the child support payments back on track by petitioning the courts to enforce your child support order in several ways. They include:
Wage garnishment: Money will be automatically withheld from checks for the purpose of child support, including income, social security, disability, unemployment benefits and/or workers’ compensation. Federal and tax refunds can also be withheld and instead sent to the parent who is owed child support.
A home or business lien: A lien is a way to collect money that is owed. This is a public notice/record attached to a property which is filed with a country or state agency.
Driver’s license suspension: Other licenses, including occupational and recreational, can be suspended, as well.
Passport Cancellation: International travel will no longer be an option once your ex’s passport is canceled.
Additionally, the lack of child support payments can be reported directly to credit bureaus, resulting in bad marks and poor credit ratings. Your ex may have to pay fines, as well.
Let a Family Law Attorney in Charlotte, North Carolina Help You
Dealing with an ex-spouse who will not or cannot make support payments can be very difficult, especially when it has a direct impact on your ability to provide for your children. This can take an emotional toll on you and can create feelings of anger, sadness, and spite.
If you feel that you need support and are ready to discuss the possibility of your spouse going to jail because they have not made their payments as ordered by the court, please don’t hesitate to reach out to a child support attorney at Remington & Dixon.
We have years of experience with family law cases in Charlotte, NC just like yours and are here to guide you through the legal system. Contact Remington & Dixon today for a consultation.