Often child support is determined by keeping in view the financial status of each parent. In North Carolina, the basis of child support is that the child should continue to receive the same amount of share from each parent as he would if they had lived together.
Other factors considered are:
1. The health, education, and maintenance need of the child.
2. The assets of both parents (estates, earnings, conditions).
3. The standard of living of the child.
4. Other factors relevant to the case.
You can go online to have an idea of how much child support you are supposed to receive, based on the guidelines in the state of North Carolina. Of course, these are just approximations because every family is different. Still, using the simple tools would at least give you an idea of what to expect if you're involved in a divorce or paternity action.
Judgment Of Child Support
In North Carolina, child support guidelines are there to ensure that the same set of fair standards is used in every child support case. However, the guidelines are not rigid. The judges may make decisions based on their sense of best judgment as well.
In cases where the amount is insufficient, or if the amount exceeds the reasonable needs of the children involved, judges can set aside a guideline child support amount.
Attorney C. Wayne Heasley will carefully evaluate your circumstances including your relationship with your partner or ex-spouse. This way, he can best present an argument for a fair child support amount that promotes your child’s best financial interests.
We can also help you request for an appropriate modification, or we can offer you legal representation if your ex already has one. Moreover, we handle enforcement cases.
How do I receive my child support payments?
Child support may be paid directly to one parent by another; it may be paid through wage withholding or even through centralized collections. The parent (or non-parent) that is receiving the child support payments must also claim the child on his or her federal and state taxes. Failure to pay child support can be found in contempt of the court, and it may lead to a 30-day prison sentence and other penalties.
When do I file for child support?
You can file for child support as a separate civil action, or you can join it with an action for annulment, absolute divorce, divorce from bed and board or even alimony without divorce. Child support may be settled through a private agreement (which would allow both parties to avoid the court), or if a party is in need of the court's help to enforce an agreement, it can be settled by both parties in court.
Do I have to pay taxes on child support?
No, you do not have to pay income taxes on child support. The schedule of basic child support obligations purports that the parent who receives the child support claims the tax exemptions for the child. If the parent has minimal or no tax liability, then the court should consider making the custodial parent assign the exemption to the supporting parent (thus deviating from the guidelines).
Who keeps track of my child support payments?
Tracking child support payments is mainly the custodial parent’s job, but if the payments are being collected by the state enforcement agency, then they will handle it. If payments are not paid according to the schedule that has been set by the court, then they supporting parent may face consequences like property seizure, suspension of business license, suspension of driver’s license, wage garnishment, time in jail and tax refund interception.
Can I receive child support?
Yes, you can receive child support by filing on behalf of a minor child. The amount of child support that would be received is based on the North Carolina Child Support Guidelines, which makes use of a mathematical formula to calculate the amount of child support obligation that should be granted. There are numerous factors that are put into consideration when calculating the child support obligation.
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