Child Support

In North Carolina, child support and child custody are mutually exclusive claims, meaning that a parent or guardian cannot condition one upon the execution of the other. For example, you have no right to withhold custody or visitation from your estranged spouse or partner because he or she has failed to make adequate or timely child support payments. Conversely, you cannot demand custody or visitation because you have provided support. Child support is, by law, required to be paid by a non-custodial parent or guardian for the benefit of the minor child, therefore the claim, although it may be advanced by a custodial parent or guardian on behalf of a child, is a right unrelated to the right of custody itself.
North Carolina child support laws take into consideration the gross monthly income, from all sources, of the child’s parents or legal guardians. The legislature has provided us with Guidelines by which we assess the appropriate amount of support based on the custodial arrangement and the number of children, and further taking into account the parents’ incomes and various adjustments available under the law. Competent legal advice is crucial to you and your children in the determination, enforcement or modification of a child support award. Many variables may affect the child support obligation including the payment of health insurance premiums on behalf of the child, private school tuition, obligations to support other children, special medical, educational or other extraordinary needs of the child. There are also important tax considerations to take into account, primarily the right to claim the minor child as an exemption for income tax purposes. As parents, you and your partner have a great many rights and responsibilities with regard to the support of your minor children. At Hodges Coxe Potter & Phillips, LLP, we understand and can implement the North Carolina Child Support Guidelines and applicable State and Federal laws to protect you and your children in this time of uncertainty and stress. We have prosecuted and defended child support claims in New Hanover, Pender, Brunswick and Onslow counties. Contact us today for a consultation at (910) 772-1678.

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Child Support