Difference between revisions of "Child Support"

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<tr><td style="font-size:120%; text-align:center; padding-bottom:5px;" colspan="2"><b>Child Support</b><br></td><tr>
<tr><td style="font-size:120%; text-align:center; padding-bottom:5px;" colspan="2"><b>Child Support</b><br></td><tr>
<tr><td style="padding-right:10px"><b>Statutes</b>:</td><Td>[https://www.nccourts.gov/assets/documents/forms/a162_1.pdf?xjkR4e2imYNRbMDxJJT.1ppuFWJUuUWf Child Support Guidelines]<br>[https://www.nccourts.gov/documents/forms?contains=child%20support%20worksheet&field_form_type_target_id=81&field_language_target_id=All Child Support Worksheets]</td></tr>
<tr><td style="padding-right:10px"><b>Statutes</b>:</td><Td>[https://www.nccourts.gov/assets/documents/forms/a162_1.pdf?xjkR4e2imYNRbMDxJJT.1ppuFWJUuUWf Child Support Guidelines]<br>[https://www.nccourts.gov/documents/forms?contains=child%20support%20worksheet&field_form_type_target_id=81&field_language_target_id=All Child Support Worksheets]</td></tr>
<tr><Td style="padding-right:10px"><b>Description</b></td><Td>Child support is money paid from one spouse to another for the support of a minor</td></tr>
<tr><Td style="padding-right:10px"><b>Description</b></td><Td>Child support is money paid from one spouse to the other to support their children.</td></tr>
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Child support is generally calculated using the worksheet that corresponds to the custody arrangement</td></tr>
<tr><td style="padding-right:10px"><b>Takeaway</b></td><Td>Child support is generally calculated using the worksheet that corresponds to the custody arrangement</td></tr>
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</table>
'''Child Support''' is money one spouse pays to the other in order to support their child(ren). It's intended to provide the same financial support each spouse would have provided to the minor if the parents had remained married. Generally, Child support is calculated using [https://www.nccourts.gov/documents/forms/worksheet-a-child-support-obligation-primary-custody Worksheet A] (for primary custody), [https://www.nccourts.gov/documents/forms/worksheet-b-child-support-obligation-joint-or-shared-physical-custody Worksheet B] (for shared custody), or [https://www.nccourts.gov/documents/forms/worksheet-c-child-support-obligation-split-custody Worksheet C] for (split custody).
'''Child Support''' is money one spouse pays the other for child-related expenses. It's intended to provide the same financial support each spouse would have provided to the minor if the parents had remained married. Generally, child support is calculated using [https://www.nccourts.gov/documents/forms/worksheet-a-child-support-obligation-primary-custody Worksheet A] (for primary custody) or [https://www.nccourts.gov/documents/forms/worksheet-b-child-support-obligation-joint-or-shared-physical-custody Worksheet B] (for shared custody).


==Which Worksheet to Use?==
==Which Worksheet to Use?==
Worksheet A for primary custody is used if the minor(s) spend the night at one parent's house at least 2/3rds of the time. Worksheet B is used for anything closer to 50/50 shared custody. Worksheet C is for situations where one parent has primary custody of one minor, and the other parent has primary custody of another minor from the same marriage. Worksheet C is rarely used. The court uses the worksheet that corresponds to whatever custody actually took place, regardless of whether the other parent agreed to it.
Worksheet A for primary custody is used if the minor(s) spend the night at one parent's house at least 2/3rds of the time. Worksheet B is used for anything closer to 50/50 shared custody. The court uses the worksheet that corresponds to whatever custody actually took place, regardless of whether the other parent agreed to it. However, there are several exceptions where the child support worksheets may not be used at all:<ref>[https://www.nccourts.gov/assets/documents/forms/a162.pdf?I2wd9scwxX6xD8PqjhaPc7mlY3k.ji79 Child Support Worksheet]. Read the Applicability and Deviation section.</ref>
 
* If the person being sued for child support is not the direct, biological parent
There are several situations where the child support worksheets are not used at all:<ref>[https://www.nccourts.gov/assets/documents/forms/a162.pdf?I2wd9scwxX6xD8PqjhaPc7mlY3k.ji79 Child Support Worksheet]. Read the Applicability and Deviation section.</ref>  
* If a binding court order or separation agreement is in place, then more complex rules apply
 
* If special circumstances warrant a deviation from the child support guidelines, such as if the child has a disability that results in additional costs.
* In most situations where the person being sued for child support is not the minor's actual parents (e.g. step-parents or grandparents)
* If the parents signed and notarized a separation agreement, unless the amount in the separation agreement is unreasonable
* If special circumstances warrant a deviation from the child support guidelines (e.g. a minor with special needs or an expensive disability)
* For child support owed prior to the filing of the lawsuit (called retroactive child support), the judge is allowed to only compensate a parent upon proof of actual expenses, rather than use the guidelines
* For child support owed prior to the filing of the lawsuit (called retroactive child support), the judge is allowed to only compensate a parent upon proof of actual expenses, rather than use the guidelines
* In extreme situations where the spouse earns less than $1,000 per-month or more than $30,000 per-month
* In extreme situations where the spouse earns less than $1,000 per-month or more than $30,000 per-month

Revision as of 12:45, 8 January 2023

Child Support
Statutes:Child Support Guidelines
Child Support Worksheets
DescriptionChild support is money paid from one spouse to the other to support their children.
TakeawayChild support is generally calculated using the worksheet that corresponds to the custody arrangement

Child Support is money one spouse pays the other for child-related expenses. It's intended to provide the same financial support each spouse would have provided to the minor if the parents had remained married. Generally, child support is calculated using Worksheet A (for primary custody) or Worksheet B (for shared custody).

Which Worksheet to Use?

Worksheet A for primary custody is used if the minor(s) spend the night at one parent's house at least 2/3rds of the time. Worksheet B is used for anything closer to 50/50 shared custody. The court uses the worksheet that corresponds to whatever custody actually took place, regardless of whether the other parent agreed to it. However, there are several exceptions where the child support worksheets may not be used at all:[1]

  • If the person being sued for child support is not the direct, biological parent
  • If a binding court order or separation agreement is in place, then more complex rules apply
  • If special circumstances warrant a deviation from the child support guidelines, such as if the child has a disability that results in additional costs.
  • For child support owed prior to the filing of the lawsuit (called retroactive child support), the judge is allowed to only compensate a parent upon proof of actual expenses, rather than use the guidelines
  • In extreme situations where the spouse earns less than $1,000 per-month or more than $30,000 per-month

Attorney Fees

In a child support lawsuit, the judge can decide to force one spouse to pay the other spouse's legal fees, if the parent making a child support claim is unable to afford an attorney on their own.[2]

Contact an Attorney

This wiki is provided by North Carolina divorce lawyer David King and his firm King @ Law. You can learn more about King @ Law at www.kinglawnc.com. If you are looking to hire an attorney, have questions, or would like to contribute to this wiki, you can contact attorney King using any of the following methods:

References

  1. ↑ Child Support Worksheet. Read the Applicability and Deviation section.
  2. ↑ N.C.G.S. 50-13.6. "the court may in its discretion order payment of reasonable attorney's fees"
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