| Welcome
to the website for the Williams Law Group, PC. This page
provides information related to North Carolina child support
laws and our firm. We serve our clients from offices in
Johnston County and Wake County, NC, and have assisted people
with Family Law matters including, divorce and separation,
alimony, support, temporary or permanent legal custody,
physical custody, visitation and access, modification of
custody, paternity and guardianship. The Williams Law Group,
PC advantage is our strong familiarity with the local court
system, domestic law, and a dedication to compassionate and
professional client-attorney relationships. Divorce and
separation are emotional subjects and a child’s welfare is
paramount to both the family and professionals involved in a
case. Our firm represents the best interests of the child,
while protecting your parental rights. Our legal professionals
have one goal; to provide competent and compassionate legal
help to our clients. While
divorce may terminate the marital relationship, it does not
end a couple’s relationship as parents and the parents
financial responsibility associated with raising a child. In
North Carolina, married parents are joint guardians of their
children and possess equal rights to custody. Under the law,
NC courts do not show favor to either parent in custody
matters. Custody may be awarded equally between the parents
(joint custody), or primary custody may be given to one parent
(sole custody) with visitation granted to the other parent.
The primary custodian will usually be paid child support by
the non-custodial parent.
As
with the other issues surrounding a divorce or separation
there are two ways child support can be determined. First, the
parties may come to an agreement in a separation agreement
whereby the parties mutually agreed upon the payment of child
support. This is the less costly, quickest, and less stressful
of the two alternatives as the parties are able to control the
outcome. If the parties are unable to come to a mutual
agreement, the court system would be the mechanism for having
child support determined. One of the parties would file a
complaint for child support and the final decision would be
left up to the judge as to the amount. Filing a lawsuit is
usually the more costly, more stressful, and time consuming
option, but in some cases the parties are left with no
alternatives.
The
North Carolina Legislature has enacted the North Carolina
Child Support Guidelines that establishes certain support
guidelines based on a number of factors. These factors
include:
- Gross
income of the parties
- Health
insurance costs
- Daycare
costs
- Other
children of the parties
- Other
extraordinary expenses of the children
- The
number of overnight visits with the non-custodial parent
By using the above information, a child support amount can be easily calculated using one of three worksheets.
Schedule A is used if the non-custodial parent has less than 123 overnights.
Schedule B is used if the non-custodial parent has more than 123 overnights.
Schedule C is used if there is a split custodial arrangement (ie one child with one parent and a second child with the other parent).
If
either party believes that the child support amount calculated
in the guidelines is not sufficient or excessive based on the
children’s needs, then either party may ask for a deviation
from the North Carolina Child Support Guidelines. When this
has been properly requested the court will consider the needs
of the children and the ability of the parties to pay the
guideline amount of child support in addition to the
information listed above. The party requesting the deviation
must be aware that the child support amount may be increased
or decreased by the judge and there is no guarantee that they
will get the type of decision they request.
Once
child support has been established then if there is ever a
change of circumstances in the needs of the children or the
ability of one party to pay or other such factors, a
modification of child support may be sought. Once this has
been requested the court will determine first whether there
has been a change of circumstances warranting a modification
and if the party passes that threshold then the other factors
listed above would be used again to establish a new child
support amount.
If
you are currently involved in a child custody or support
dispute or foresee one, or if you are having complications
with your court-ordered child support, there are laws to
protect your rights and your children. Please contact our
office today for legal help in your separation, divorce or
child custody matters. The Williams Law Group, PC will use
proven legal strategies, strong evidence and aggressive
negotiating to ensure that you present the strongest case. We
can be reached at (919)773-1440 or via email at: info@NCDivorcelaw.com. |
