In North Carolina, the goal of child support is ensure that the child is receiving the same proportion of their parents’ income as they would if they lived together. This is determined by a formula through the North Carolina Support Guidelines, which are designed to meet the needs of the child while being fair to both parents. The child support order will dictate the amount of money the non- custodial parent must pay.
How is the support computed?
Calculating child support requires determining the parents’ total gross income and calculating the percentage that each parent contributes to the total. The court may also consider overtime pay, bonuses, self- employment and other biological or adopted children. Step- children are not considered in the calculation.
It is important to remember child support has priority over all other financial obligations, and in addition to setting child support, the order may require one or both parents to provide health insurance coverage for the children.
How does the process work?
The non- custodial parent will be served with a Civil Summons and Complaint. They can respond to the document by filing an answer, providing financial information to the child support office prior to the hearing date and signing a voluntary support order, appearing at a hearing, or getting an attorney who will assist in responding to the Complaint.
If the non- custodial parent does not respond to the Compliant, the court may enter a default offer. This means the court takes everything the custodial parent says to be true, and enters an order based on that information.
Coming to an agreement between the parties is always preferred, and if both parents are able to find a solution that they can agree on then a court hearing is not required.
Contact Adkins Law today to set up a consultation and discuss the best way to move forward in your Child Support case.
By: Jacqueline Keenan
How was custody established?
The first step in changing child custody is knowing how it was established. If you and your ex are working off of a separation agreement or something that you decided outside of court, then one person needs to request the change. This should be done in writing, but because it is not a court order, it is up to the other party to decide whether or not they are willing to make a change. If that fails, then it may be time to bring the issue to court and have it put in a court order.
If custody is determined through a court order, then the decision to make a change to a custody arrangement rests with the judge. The judge will decide if there is a substantial and material change in circumstances, and if so they may modify the order.
Substantial and Material Change
In determining child custody, the goal of the court is always to look out for the best interest of the child, regardless of what the parents may want. So, when a judge is asked to change an order that has already established what serves the best interest of the child, they will need a very good reason. Because of this, the judge will look at what has changed since the original order was written. If they find a change that is both substantial and material, then they may be persuaded to make a change.
Substantial and material change can include one parent losing a job or moving out of state. A new marriage or relationship that is having an effect on a child’s life may also be considered.
Modifying child custody can be a complicated process. If you are interested in making a change to your custody agreement or order, contact Adkins Law to set up a consultation and decide your next steps.