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Which Parent Pays Child Support After a North Carolina Divorce?

Posted on in Family Law

NC family lawyerWhen a couple gets divorced in North Carolina, they have many important issues to resolve regarding both their finances and their children. One issue that lies at the intersection of these two important concerns is the determination of a child support order. Child support is crucial to ensure that your children’s needs are provided for, but you may have many questions about how child support is calculated and whether you will have to make payments.

How Is Child Support Calculated in North Carolina?

According to the North Carolina child support guidelines, the income of both parents must be considered when calculating child support obligations. Based on the application of the guidelines, one parent will be expected to contribute directly to their child’s financial needs, while the other parent will make regular support payments to account for their fair share.

The child custody arrangement is an important factor in determining which parent will be obligated to make child support payments. If one parent is granted primary custody, meaning they will have at least 243 overnights with the child throughout the year, the other, non-custodial parent will typically be the one to make support payments. The amount will be determined based on the non-custodial parent’s percentage share of the combined income of the two parents.

If the parents share custody more evenly (i.e., neither parent has at least 243 overnights per year), the child support calculation becomes more complicated. In addition to considering each parent’s percentage of their combined income, the child support guidelines also account for each parent’s percentage of overnights with the child. In these cases, either parent could be ordered to pay support, but in general, a parent with a higher income and a smaller share of overnights will likely be the one to pay.

Responsibilities of the Paying Parent

If you are ordered to pay child support, you will be expected to ensure that payments are made in full on a monthly basis. Your payments will need to be sent to North Carolina Child Support Centralized Collections (NCCSCC) for distribution to your child’s other parent. Depending on the situation, you may have the option to arrange for the payments directly or to set up income withholding with your employer.

Keep in mind that if you fail to pay child support on time, you can face many serious consequences, including wage garnishment, charges of contempt of court, and even arrest. If you are concerned about your ability to pay, you may be able to ask the court to modify your support order.

Contact a Raleigh, NC Family Law Attorney

A divorce can be especially stressful for parents and their children, and it is important to ensure that your child custody and child support orders protect your child’s best interests. At Vasquez Law Firm, PLLC, we can answer your questions and help you address your concerns regarding these issues. Contact our Wake County family lawyers at 919-533-7000 or 844-967-3536 to schedule a free consultation. Hablamos español.

 

Sources:

https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_50/GS_50-13.4.html

https://ncchildsupport.com/ecoa/cseGuideLines.htm

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