In situations where couples no longer feel it is best for their families for them to remain together, the welfare of their children is one of the most important considerations. As such, child support is an aspect of family law that the attorneys at Mercogliano & Associates, PA treat with extreme care and concern.
North Carolina follows the income shares model for determining the amount of child support a parent may owe. Under this model, support is based on guidelines where both parents pay a percentage of support based on their share of income. A person’s child support obligation is also based on other factors, such as the number of children you support, health insurance costs, the custody schedule in place, child care, dental expenses, counseling, uninsured medical expenses, and financial obligations to other children of either party.
If you live in Harnett or Wake county and are facing an issue with Child Support, please contact Mercogliano & Associates or another legal representative as soon as possible. We primarily serve residents of Fuquay-Varina, Willow Spring, Holly Springs, Garner, Apex, Lillington, Angier, Coats, Dunn and the surrounding areas.
Your neighborhood attorneys, Mercolgiano & Assoicates can be reached by phone at 919-552-2501, via email, or through our contact form and look forward to helping you resolve your legal issues.
Child support is effective from the date of filing the complaint seeking support. Child support obligations terminate either when the child reaches the age of majority (18) or emancipation, or, if the child is in secondary school at age eighteen (18), until the child graduates, ceases to attend school, fails to make academic progress, or turns twenty (20), whichever is first. Child support obligations also end when the payor parent dies. Although there is no legal requirement for a parent to pay child support beyond occurrence of one of these events, courts will enforce agreements between the parties for support beyond the age of majority and for college education. Thus, it is important to consult an attorney before signing a support agreement to understand your obligations.
North Carolina uses three child support guidelines[J1] to determine how much child support you are entitled to receive or obligated to pay:
• Worksheet A [J2] is used when one parent has the child less than one hundred twenty-three (123) overnights during a year;
• Worksheet B [J3] is used when each parent has the child at least one hundred twenty-three (123) overnights during a year and there is a true sharing of expenses; and
• Worksheet C [J4] is used when there is more than one child and the children live with different parents.
The amount of child support determined by the worksheets is presumed reasonable. While difficult, you can deviate from that amount. To do so, you must prove that the amount of support calculated is not reasonable because (1) it exceeds or does not meet the needs of your child; or (2) due to extreme circumstances, you do not have the ability to pay that amount. Courts rarely grant deviations from the child support amounts determined by the worksheets.
Parties other than the child’s biological parents may be liable for child support. In North Carolina, step-parents have a duty of child support only while acting in loco parentis, unless they have signed a validly acknowledged agreement to provide support. Grandparents, however, can be primarily liable for a grandchild when their minor child has a child.
Modification of a child support determination can occur in one of two ways. First, a child support order can be modified upon a showing of a substantial change in circumstances. For instance, a reduction in income and a reduction in the needs of the child has been found to be a substantial change in circumstances. However, for a high-income earner, an increase in income alone may not be sufficient. Furthermore, if you have an involuntary change in circumstances, such as job loss, you may be able to get a modification of child support. However, the parent cannot be voluntarily unemployed or underemployed and still receive a modification of the child support order. Second, after the passage of three (3) years, the payor or recipient of the child support is entitled to a recalculation. Under this recalculation, if there is a fifteen percent (15%) disparity between the amount of the previous order and application of the guidelines, modification is appropriate.