North Carolina Divorce Lawyers Blog

Articles Tagged with Child support

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Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count towards this calculation is crucial to assure you are in the best position in these proceedings.

But can these calculations include expenses like private school tuition and business expenses? Continue reading →

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There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support.

A recent Court of Appeals case dealt with this issue, stating that, in the absence of a parental relationship and a formal, written agreement, a non-parent cannot be made to pay child support. Continue reading →

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North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations.

However, imputed income is sometimes calculated in select cases. Imputing income occurs when the court uses earning potential to calculate support amounts. Most often, courts impute income when one parent is underemployed or underearning and acts in bad faith to avoid paying support. Continue reading →

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Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways:

  • Initial child custody jurisdiction
  • Exclusive, continuing jurisdiction
  • Jurisdiction to modify determination
  • Temporary emergency jurisdiction

Jurisdiction can affect child custody, but support issues are also impacted by jurisdictional decisions. Continue reading →

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Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Continue reading →

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Spouses in North Carolina who are contemplating divorce may consider entering into a separation agreement, and this is a beneficial option for many husbands and wives. What happens if one spouse violates the terms of the agreement? Separation agreements that are not incorporated into a court order are typically subject to the same enforcement rules as other contracts. Continue reading →

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Court orders cannot typically require nonparties to act. When a court issues an order, the requirements of the order involve only the plaintiff and defendant or the petitioner and respondent. People who are not named in the case cannot generally be ordered to do anything.

If the court determines that someone not named in the case is a necessary party, they may be able to join that person to the case and order them to do or not do something. Stepparents are often central figures in their stepchildren’s lives, making cases like child support more complex. Continue reading →

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Any parent over the age of 18 whose rights have not been terminated has an obligation to financially support their children. If you are going through a divorce, have recently separated from your child’s other parent, or are involved in a child support matter for any other reason, it can be helpful to understand how support amounts are calculated.

Continue reading →

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Pay is an important factor under the North Carolina Child Support Guidelines. It is critical for parents to be employed at their best potential for income to support children.

This emphasis on fair compensation and financial stability aligns with the principles of National Equal Pay Day, which highlights the importance of gender pay equity and fair wages for all individuals. Because without equal pay opportunities, how can we expect men and women to contribute equally to the financial well-being of their children?

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The financial impact of a divorce is often one of the longest-lasting challenges that families will face. Divorces can be expensive, even without the changes in household income and bills. This is especially true for divorced couples with children. The way divorced parents approach filing their taxes each year is another financial consideration they must keep in mind. Continue reading →