Certainly, making the decision to move away after a divorce and after an initial custody arrangement is determined can be a hard decision for anyone to have to make. Whether the move is for a new job, because of a remarriage, or simply to start a fresh chapter in a new setting, much consideration often goes into making that choice. That choice certainly becomes more complicated when children are involved, and it must be decided whether the children will relocate as well, or whether current custody arrangements will change in some way.
If you or your ex-spouse is considering a relocation, it is always wise to check your separation agreement or child custody order for any restrictions on relocation that may exist. Some custody orders place restrictions on parents moving out of state or moving the children more than a specified number of miles away. If you have such restrictions in your custody order and you violate them, you could be found to be in contempt of court and subject to a variety of penalties, which may, depending on the severity of the situation even involve the loss of some of your custodial rights. For most parents, this simply isn’t worth the risk.
Even if your separation agreement or custody order does not specifically place limits on traveling or relocating, those considering doing so should still be cautious, as moving without the consent of the other party or the permission of the court might later be used against you, or result in the other parent seeking an emergency custody order for the return of your child to North Carolina.
This is not to say that relocation will never be allowed. In fact, in many circumstances, courts do allow a parent, particularly if that parent is the child’s primary physical custodian, to relocate with the child. As is always the case in contested custody issues, the court will seek to make a decision regarding the proposed relocation that is ultimately in the best interest of the child. If a parent objects to the other parent relocating with the child, that parent will have the burden of presenting evidence that the move is not in the child’s best interest.
Ultimately, a relocation may end up being the best decision for your family, and certainly as a parent, you are in the best position to know whether or not that is so. Regardless, however, it is important to think through that decision carefully, and to make sure you are making it in accordance with the terms of any agreements or orders already in place in your case. Doing so is ultimately in the best interest of all involved.
If you need to speak to an experienced family law attorney regarding your child custody arrangement, please contact Adkins Law to arrange a consultation.
Understandably, the issues of child custody and child support often go hand-in-hand. Though divorce may end the marital relationship, it certainly does not end the relationship parents have with their children – or their obligation to support those children. And without question, most parents want to support their children – out of love, and not simply because the law requires it. As with child custody, given our modern trend toward cooperative and collaborative legal negotiation, child support obligations may be determined by the parties based on their needs and lifestyle, or it can be determined by the court based on statutory guidelines.
Regardless of which method you ultimately choose to determine child support amounts for your particular situation, having a basic understanding of how child support generally works can be beneficial – after all, the more understanding you have, the easier it will be to negotiate and settle upon an agreement that works well for everyone involved.
Most often, child support is a monthly payment from the non-custodial parent to the custodial parent to provide for the couple’s children who are in that parent’s custody. Its purpose is to ensure that even though the family is transitioning from one home to two, the children are able, to the greatest degree possible, to maintain their usual routine and standard of living. It is typically a long-standing arrangement, often lasting until the children in question are eighteen years old.
Defining Support in a Parental Agreement
As with issues of child custody, if you believe that you and your spouse are capable of working cooperatively towards a goal together, then addressing it in a separation agreement is an excellent option, as it gives you more leeway to determine what works best for your particular circumstances, and more flexibility to make changes to the agreement as your life situation changes. Choosing to address child support in a separation agreement means that you can ensure that your agreement fits your needs – even if those needs are different than what is normally provided for under the legal guidelines. For example, in a separation agreement, the parties may agree to extend support payments beyond the age of eighteen, address payment of private school or college tuition expenses, or attend to other circumstances that are important to the parties but that might not be provided for by law.
Allowing the Court to Determine Support
If parents are ultimately unable to come to an agreement on child support themselves, they can always ask the court to make the determination. Once the parties have requested the court to make that determination, the court is not bound by any support obligations previously set forth in any separation agreements.
In North Carolina, courts determine child support obligations using the North Carolina Child Support Guidelines. These guidelines were created to help calculate support obligations, and are revised at least every four years to adequately reflect cost-of-living increases. To determine your approximate child support obligation, you can use the calculator provided on our website, and can also download the appropriate child support worksheets utilized for calculating potential obligations. Typically, there are three worksheets used for calculating support under the guidelines:
Generally, when determining a support obligation, the court will look to the income of both parties from all sources. This includes not only the salaries of the respective parties, but also any stock options, IRA accounts, investments or other sources of income. In addition to considering the income of both parties, the court may also consider other factors, including, but not limited to:
Courts will often also consider and add extraordinary expenses, like special child care, extra medical expenses, counseling expenses, or necessary special education expenses, and will allocate those expenses between the parties as the court deems reasonable in its discretion.
Though in the vast majority of cases, courts use the North Carolina Child Support Guidelines in determining support obligations, there are certain situations in which courts will deviate from those guidelines. Some of these circumstances include:
In these cases, courts will make the support determination on the basis of the child’s actual needs and expenses, as opposed to utilizing the formula set forth in the guidelines.
Regardless of how the support obligation is ultimately arrived at, after it has been determined, North Carolina law allows for one spouse to pay the support directly to the other at the required times, if both parties are in agreement. In other instances, however, child support can be paid through the North Carolina Child Support Centralized Collections (NCCSCC), who will then send the child support to the receiving parent through either direct deposit or debit card. Often parents choose to send support payments through NCCSCC in order to have a documented record of all support payments made from one parent to the other in case a dispute should ever arise.
In discussing support, it should also be noted that parents who are in the midst of the divorce process may request temporary support, even if the divorce has not yet been finalized. This makes sense after all, particularly if one spouse has already moved out of the marital home. In these instances, the party needing the support can request a hearing for temporary support, and following a hearing, the court can enter a temporary support order, which will remain in place until a permanent child support order is issued. Requesting temporary support involves a number of steps, it is always a wise decision to seek the help of a trusted attorney in doing so.
 It is important to remember that if you have more than one child, and your child support agreement or order does not allocate the support amounts between the children, then you must seek a modification when one of the children reaches the age of 18 instead of simply stopping the payments, unless the original agreement or order contains an automatic termination date for the obligation. It should also be noted that if your child is 18, but is still attending high school, you cannot seek to terminate your support obligation until the child graduates, otherwise drops/fails our of school, or turns twenty, whichever is first.
If you need to speak with an experienced child support lawyer, please contact Adkins Law to arrange a consultation.
As children grown and as life circumstances change, children’s needs may change too. In some cases, one parent or the other loses a job. In other cases, unanticipated medical expenses arise, making it difficult to make ends meet. In still other cases, a child may be diagnosed with a learning disability that requires special education at a private school. Ultimately, one of life’s truths is that we should expect the unexpected. In those circumstances, one of the parties, or both parties, may wish to modify the existing support obligation.
If the parties have agreed upon a support obligation as part of their separation agreement, then they may modify the agreement as they wish, provided that both parties are on the same page, and are willing to do so. In that circumstance, the parties would simply need to revise and redraft the agreement to fit their current needs, and have both parties sign the updated copy.
When a modification of existing court-ordered child support is sought, however, the court must order the modification as well. In those instances, the party seeking the modification must show that a substantial change in circumstance has occurred which warrants the modification. Typically, if three years have passed and the child support guidelines have been modified based on cost of living to indicate an increase in the amount due, a substantial change in circumstances is presumed.
When less than three years have passed, however, either child support services or the court must verify that a change of circumstance for either parent occurred of a nature sufficient to render the case eligible for review. Examples of those changed circumstances might include:
o Changes in the physical custody arrangement of the children;
o Changes in the children’s needs;
o Significant and substantial changes in a parent’s income.
If a party is able to prevent evidence of these changes, they may qualify for review of the current support obligation and modification as warranted. Whether or not a particular change in circumstances may warrant modification is a matter to be discussed with qualified and experienced counsel, who will be able to best advise you as to your particular circumstances.
If you need to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation.
Where child support is concerned, typically, both parents are in agreement that their children should continue to be supported and nurtured to every extent possible. While parents may disagree on exact dollar figures, generally, the desire to support the child is there. Alimony, however, can be quite a different scenario. Perhaps unsurprisingly, the idea of paying money to continue to support a spouse after the marriage relationship has ended can be an emotionally difficult concept for some. After all, if a marriage has ended, there are more than likely some bitter feelings on one level or another. On the other side of the coin, if your marriage has ended and you are the spouse who is seeking support, you may feel resentful, after giving up your career to stay at home and raise children, that your ex-spouse seems not to understand that sacrifice and willingly pay support. All of these feelings are understandable.
In the midst of all of these emotions, it can be helpful to try and focus on the facts – what the law requires, and when those laws apply. Doing so can often help reduce the emotional angst you may feel over the situation, and may help you to take a more practical look at your reality. It is not at all unusual to feel uncertain about how much alimony might be awarded in your particular case, or for how long the payments might be expected to last. This, too, is understandable. Gaining a basic understanding of the law and working closely with a knowledgeable and experienced attorney that you trust will go a long way toward relieving the stress and anxiety that you may feel over this aspect of your divorce.
Typically, there are two types of alimony awards – temporary and permanent. Temporary alimony awards are often referred to as “post-separation support” and are a temporary, no-fault form of support that is usually awarded from the date of separation until either the entry of a final alimony award, or the dismissal of the alimony claim.
As is the case with child support, the parties can agree to alimony amounts outside of court as part of their separation agreement. For many couples, if they are able to work cooperatively and amicably and agree on the terms of support, this is often preferable to a long, public, contentious court battle. In some cases, however, coming to an agreement on spousal support simply isn’t a realistic option, and in those cases, the court can make the determination if necessary.
Unlike some states, North Carolina residents are not automatically entitled to alimony, nor is there a set formula for determining the exact amount of alimony that should be awarded. In North Carolina, the court must first make a determination as to whether one spouse is “substantially dependent” upon the other for his or her “maintenance and support”. Alimony might be awarded indefinitely, or for a specified period of time. It is typically, though not always the case, that if a marriage has lasted less than ten years, an alimony award will last for no more than the equivalent of half of the duration of the marriage. The court may also provide that alimony terminates in a variety of ways – either at the expiration of a predetermined time limit, when one party begins to cohabit with another, when one party remarries, or by resumption of marital relations. Ultimately, this, too, is in the discretion of the court.
In determining the amount and duration of alimony payments, the court may consider evidence of several factors, including:
Generally, a court will have broad discretion in making an alimony determination, and may consider any factor “relevant to the economic circumstances” of the parties that it wishes. When it issues the alimony award (or declines to issue an award), the court must provide the parties with specific written reasons for its decision. Either spouse will have the opportunity to appeal the award if they wish, and if a dependent spouse is ultimately awarded alimony, they may seek recovery of their attorney fees.
When alimony is awarded, the parties should be aware that it is typically deductible by the spouse who is paying, and reportable as income to the spouse who is receiving payments. When an alimony award is entered, the state which enters the award will usually have continuing jurisdiction over the award, and as a result, any modifications sought or enforcement efforts needed will be brought in that state as well.
If you need to speak with an experienced family law attorney, please contact Adkins Law to arrange a consultation.