Family Law
Child Support
A. Establishment of Child Support Orders
Child Support in North Carolina is largely based on the N.C. Child Support
Guidelines. The Guidelines set forth a clear, simple manner to determine
an amount based on the incomes of both parties and the expenses for taking
care of the child (work related child care, health insurance, and other
extraordinary expenses). These numbers are entered into a worksheet, which
produces a child support amount. It is a good idea to talk to an attorney
when seeking a child support amount to make sure that the appropriate amounts
are entered into the worksheets. If the wrong amount is entered as an Order,
then it is very difficult to change. It is important to be aware of your
rights and make sure you have all documentation necessary to support your
allegations.
In some cases, either party may ask to deviate from the Guidelines. If the
Guidelines do not meet or exceed the needs of the child considering the
relative ability of the parents to provide support, then the Court may vary
from the Guidelines. Typically, this occurs in cases where one party's income
will vary month to month or there are other extraordinary circumstances,
such as income from other sources or children with special needs. If you
are seeking to deviate from the guidelines.
If an action for child support is filed against you and you have any question
as to whether you are the father of the child, make sure you request a paternity
test as soon as the motion or complaint for child support is filed against
you. If you do not, you will waive the ability to do so in the future.
B. Contempt Proceedings
If there is a child support order in place, the recipient may enforce it
by requesting that the Court hold the payor in contempt. If the payor is
found in contempt, he/she may be jailed, lose their drivers' license, or
pay attorney's fees.
If you are the recipient of a child support award, it is important to act
quickly to enforce your order. Before filing in Court, though, you should
contact the payor to ensure that there is not some misunderstanding before
you engage in the unnecessary expense of hiring an attorney. In addition,
you should consider having the Department of Social Services enforce your
Order on your behalf. The cost for this service is as little as $25. Social
Services may not be as tenacious with enforcing your child support order,
but they have additional powers in collection, including freezing accounts,
garnishing wages, and taking tax returns.
If you are Ordered to pay Child Support, make sure you do the following:
- Pay the child support
- If you are unable to pay due to unforeseen circumstances, pay all that you can. It is important to show that you are making the effort to avoid contempt charges.
- If you lose your job, make a good faith effort to find a new job and document all your attempts. You should be applying and interviewing for at least 2 jobs per week. You should sign up with the Employment Security Commission. Keep a journal to ensure that you can state what efforts you have made to find a job.