When a couple divorces, they have to make a variety of important compromises before they can officially separate. When children are involved, however, there are even more decisions that must be addressed. Both child support and child custody are two highly contentious divorce issues that often result in conflicts and disagreements. Therefore, working with an experienced Salisbury family law attorney who can help you and your children during your divorce is imperative.
Here at The Law Offices of Aimee E. Cain, we understand just how overwhelming and complicated matters like child support can become. That’s why our team is devoted to providing expert legal representation, support, and advice for our clients dealing with tough family law issues. If you’re going through a divorce in Salisbury and need help with child support matters, don’t delay seeking assistance you can trust from our team.
As with other matters of a divorce, you and your spouse can try to come to an agreement on child support payments. If you are unable to come to a mutual agreement, the decision will then be handed over to the family court. When determining child support payments, there are multiple child support guidelines the court will take into consideration, such as how many children are involved, their specific needs, an estimate of how much each child costs per month, and the income of both parents.
When calculating the amount required for a child support payment, the state uses one of three different formulas. The formula the court uses will depend on what kind of child custody is assigned in your case. Each of these formulas will take into account the number of children, the number of overnights spent with each parent per year, and the incomes of both parents to determine a fair payment amount.
Who pays child support is largely based on the child custody situation in your divorce. If one parent is awarded sole custody, then, in most cases, the non-custodial parent will be the one who is required to make child support payments to make sure their children’s basic needs can still be met. If the parents share joint custody, the court will most likely still require child support payments, but from the spouse who made more of the family’s income.
It is important to note that child support issues are gender-neutral, meaning whether you are the father or the mother will not impact a child support order. The court will base its decision on what is legally fair and in the best interest of the children.
Every divorce is unique and involves a wide range of important, complex matters that all must be addressed. Because of this, hiring an experienced family law attorney can help make the legal process of your divorce much easier. Child support cases often involve disputes and intense emotions, which is why having a lawyer to represent your best interests, as well as the best interests of your children, can also make a massive difference in your case. We understand that issues regarding your children can be overwhelming, which is why we can use our knowledge of the law and negotiation skills to ensure we protect you and your family.
Our team can fight for you to receive a fair child support payment, and we can also help you enforce orders if your ex-spouse refuses to pay after everything is settled. Regardless of what your child support issue may be, The Law Offices of Aimee E. Cain has the experience, knowledge, and work ethic to help your case immensely.
Unless a child support order is, for some reason, legally terminated, the parent who was ordered to make payments must do so until their child reaches the age of 18 and is no longer considered a minor.
What Do I Do If My Ex Won’t Pay Child Support in N.C.?
Child support is a legally binding order. Therefore, if your ex-spouse refuses to make their payments, you can have your order legally enforced with the help of an attorney. If you have your child support order enforced, your ex-spouse can face consequences such as fines, wage garnishment, seizure of bank accounts, and more.
Emancipation occurs when an individual under the age of 18 receives legal independence and is therefore seen as a legal adult in the eyes of the law. If an individual is emancipated, their parent’s child support payments will no longer be required, even if they are not yet 18.
Can My Spouse and I Use Mediation for Child Support Agreements?
Every couple is allowed to have the opportunity to try and come to mutual decisions on their divorce matters before handing them over to family court. In some cases, couples decide to use mediation services to come to compromises together. Mediation offers a constructive, comfortable environment where spouses can discuss important matters and make decisions with the help of a third-party mediator.
While child support doesn’t inherently change as children reach certain ages, parents do have the ability to request modifications of a child support order when they believe they’re needed. For example, if you have reason to believe your child’s needs have changed a great deal since your order was first created, you can file a petition to modify your order.
At The Law Offices of Aimee E. Cain, our team is committed to helping individuals and families across North Carolina struggling with family law matters. With over two decades of experience working in law, we have assisted countless clients through difficult times. Whether you need help coming to a child support agreement or you are looking to have a child support order enforced here in Salisbury, don’t wait to ask how our team may be able to assist you. For more information on our services or to schedule a consultation with us, contact us today.