A. Parents can write out the provisions of child support in a Raleigh, NC Separation Agreement. If a parent believes he or she will have trouble receiving regular NC child support payments, it may be necessary to ask the Court to order payments. A claim for child support can be filed at any time while the child is a minor and is always modifiable. The amount of child support is typically reviewed every three years or upon a significant change in circumstances such as loss of employment or a temporary or permanent disability.
A. Both parents must pay child support. Payment of child support is generally based on the amount of time spent with the child and a percentage of the income of each parent. In effect, the parent who earns more money pays child support to the parent earning less.
A. The court uses established guidelines to determine how much child support each parent pays. The guidelines generally are set to meet the reasonable needs of the child for health, education, and maintenance, taking into consideration the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of a particular case.
A. A judge may vary from the child support guidelines. The party ordered to pay child support will have to show by the greater weight of the evidence that the application of the guidelines would be unjust or inappropriate.
A. There are several remedies available a judge may use to enforce child support payments. A judge may secure payments by means of a bond, seizure of property, by requiring the execution of an assignment of wages, arrest, garnishment of wages, or place a specific lien against a particular real property.
A. Child support payments are not subject to discharge in a bankruptcy court.
A. The remedies set out above are the only actions available to force child support payments and are separate from a parent’s right to visit a child. Children do not understand the complicated issues that adults create and it is in their best interest to have consistent contact with both parents.
A. Child support payments last until a child reaches 18 unless the child is still in high school or fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first. In addition, payments will cease if the child becomes emancipated.
A. Yes, a party may appeal Court ordered child support, however, the party will continue child support payments throughout the appeal process unless the Appellate Court decides otherwise.
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