The parent who does not have custody of the children must pay child support. In North Carolina, the amount of child support is determined by a schedule, called the North Carolina Child Support Guidelines, and is based on the gross income of both parents. However, factors such as other children being supported, child care expenses, and extraordinary expenses for the children can have a drastic effect on the amount of child support paid. It is important that all financial factors allowed by law be taken into consideration when determining the amount of child support to be paid.
A court order for child support can be changed after a period of time under certain circumstances. The change can be an increase or decrease in the amount to be paid. Under the law, in order to change an existing court order a judge must find that a substantial change of circumstances has taken place since the date of the last order. A change in one parent's income can be the basis to change the amount of child support, but not always. It may depend on how much the income has changed and how long the current order has been in place. All the other considerations that go into setting child support will be reviewed by the court when a change is requested. Sometimes a parent who requests a decrease in child support ends up paying more than before, or vice versa. It pays to consult with an attorney before asking a court to change what is already in place.
North Carolina has severe penalties for parents who do not pay child support as ordered by the court ~ including revoking driving or hunting licenses, and even going to jail! If you are not receiving child support as ordered, an attorney may help you collect support from a parent who is unwilling to have these penalties imposed. However, if you are legitimately having trouble meeting your child support obligations, contact an attorney to see if you qualify for a change in the amount before you get so far behind that you lose your license, or worse.
The attorneys of the Collins and Maready law firm will arrange a free, initial consultation to review your case and help you determine the best course of action. Please use our form below and contact us today
|