Child Support Information
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Frequently Asked Questions about Child Support
Q: How is child support determined?
A: Each state has child support guidelines that are used as the foundation for determining the amount of child support owed. While guidelines vary from state to state, courts setting child support orders will generally follow the amount suggested by the guidelines unless exceptional circumstances exist - such as a child requiring extensive medical treatment. Most guidelines factor in the needs of the child, the relative ability of each parent to pay support and the standard of living the child would have enjoyed if the parents had remained together.
Q: Can I get child support if I never married my child's father?
A: Yes. Parents owe a duty to support their children not because they were married and divorced, but because they parented a child. You can work with an experienced family law attorney and/or your state's Child Support Enforcement office to obtain a support order. Since you were not married, you will have to prove paternity before a support order may be enforced.
Child support guidelines can be complex. To ensure that the determination of child support is fair, you need the help of a knowledgeable attorney. Contact our firm today to schedule a consultation with a family law attorney regarding your child support situation.
In child support cases, like every other sensitive matter of family law we practice, our top priority is protecting the best interests of your children. Our over 37 years of combined experience in practicing family law has taught us that the interests of all parties involved are most promoted when the children are adequately provided for and secure within their families. Because we understand how stressful these matters can be, we pride ourselves on providing compassionate and responsive services for our clients during these difficult times.
In the majority of cases, parents’ child support obligations are determined in accordance with the North Carolina Child Support Guidelines. The Child Support Guidelines employ a formula for determining what each parent’s obligation is to provide support for the children. To view the relevant guidelines for child support, please see North Carolina Child Support Enforcement
Essentially, the Child Support Guidelines take into consideration four primary factors: the father’s income, the mother’s income, the cost of providing medical/dental insurance for the benefit of the children and the cost of work-related child care expenses incurred so that a parent can work. There are other factors that may be applicable in certain situations, such as where there exist children and child support obligations from other relationships.
In some situations, it is appropriate to request that there be a deviation from the amount set under the Guidelines. We will review with you your individual situation and advise you of the appropriateness of requesting a deviation from the Guidelines.
As part of our ongoing commitment to providing our clients with the most information on their important matter as possible, we provide the following information on child support below. Please read it, and then come to us to help you resolve your child support concerns today. Contact Us now, or call today – 866-267-6809.
To assist you further, we have a comfortable, welcoming office and a professional, friendly, and helpful staff.
Child Support - An Overview
Enforcing the obligation to pay child support is a national priority. Federal legislation and state laws exist to make enforcement and collection of child support easier. Each state has particular guidelines for establishing child support and there are various methods to recover the support you are owed. If you are ending a marriage, are already divorced or are trying to hold your child's other parent legally responsible, it is important to consult with a family law attorney.
Contact a family law attorney in your area to learn more about your state's child support laws. He or she can review your child support matter and help you find the best solution to meet your child's needs.
Modifying Child Support
Child support orders can be modified to meet changed needs in the parents' or child's life. Either parent can petition the court for a modification. The court will then determine whether there has been a significant and material change in circumstances either concerning the child's needs or the payor parent's ability to financially meet his or her obligations.
Enforcing Child Support Orders
Parents must meet their child support obligations. Those who do not pay, pay less than required or pay sporadically may be subject to contempt proceedings, fines and even jail time.
When Do Child Support Obligations End?
Many factors are taken into account in determining when child support payments will end. In some situations, it is as simple as the child reaching the age of majority. In others, payments may not end until the child has graduated from college.
Child Support and Taxes
Taxes can be reduced by allowed deductions and exemptions. Deductions reduce the amount of taxable income, and exemptions reduce the adjusted gross income, such as standard withholding or dependency exemptions. If you pay child support or receive it, the Internal Revenue Service (IRS) has a strict set of rules in place to control the deductions and exemptions that you are allowed because of the payment or receipt of child support. Often, the terms of your divorce decree and related agreements will control the extent to which any tax offsets are available.
Child Support Resource Links
Federal Office of Child Support Enforcement
The Child Support Enforcement Program is a joint federal, state and local partnership to ensure that parents provide financial support to their children.
American Bar Association Child Support Guidelines Report
Tables at this site summarize the current child support laws in all 50 states.
National Conference of State Legislators (NCSL) - Child Support Updates
NCSL is a bipartisan organization that tracks legislative issues, including child support, throughout all 50 states. Child support updates contain comprehensive information on current trends in state legislation regarding child support and related issues.
National Child Support Enforcement Association
NCSEA (National Child Support Enforcement Association) is a nonprofit, membership organization representing the child support community.
Deadbeat Parents Punishment Act
Federal law providing additional punishments to state measures for those who fall seriously behind in child support payments.
