Child Support
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Child support is one of the more precise domestic issues, because it is governed by the North Carolina Child Support Guidelines, and is generally based on concrete numbers. The Guidelines currently use three different worksheets to calculate child support, which depends on what the custody arrangement between the parties is. The Guidelines use the figures for each party's gross monthly income, the amount of health insurance coverage for the children, the amount of any work-related day care costs, and the monthly amount of any extraordinary expenses for the children, to calculate what a person's child support obligation should be under North Carolina law. The Guidelines are a "rebuttable presumption," which means parties are free to argue for a different amount or contract with each other for amounts that may be lower or higher than guideline child support. However, because the Guidelines serve as a concrete formula, and indicate a default of what a court would order, it makes negotiating an amount in a domestic case much easier. There are still a host of issues that may make calculating child support more complicated, including, (1) figuring out what a party's true gross income is when they are self-employed, (2) determining what "extraordinary expenses" are appropriate to include, (3) whether there are grounds to deviate up or down from the Guidelines, and (4) whether income should be imputed to a party. Child support issues rarely end with the conclusion of a domestic case. Child support orders are always subject to modification by the court upon the motion of either party. Frequent grounds for modification include when either party has a substantial change (either increase of decrease) in their income, an unemployed spouse returns to work, there is a change in the cost of health insurance coverage for the children, or a party's obligation for child support terminates with respect to one of the children under North Carolina law. Additionally, if one of the parties does not comply with an existing child support order or agreement, the other party may be forced to initiate legal action or a contempt hearing in order to enforce it. If a party files an action for child support or files an action to modify child support, this triggers the local domestic rules. The party filing a complaint for child support must file a Financial Affidavit (WAKE-DOM-10) with the court as well as a form called Initial Disclosures (Support) (WAKE-DOM-17a) within fifteen days of filing the complaint or motion. Likewise, the opposing party has fifteen days from the date they are served with the complaint or motion to file the same forms. Child Support On-line Resource Links:Wake County Domestic Court Rules: Wake County Clerk of Court (Child Support division) North Carolina Child Support Enforcement Office of Child Support Enforcement Complete Child Support Source N.C. Child Support Enforcement: National Salary Information: Definitions North Carolina Child Support Guidelines North Carolina General Statute 52-C, Uniform Interstate Family Support Act Links to other Child Support Resources Contact Heather Williams at Crawford & Crawford at 919-510-8140 to schedule an initial family law consultation to discuss child support. |
