What is Child Support And When Does It Occur In North Carolina?

Child support is an ancillary legal proceeding to divorce, separation, or annulment cases in North Carolina. It concerns who has custody of the child and details visitation and welfare. Given the circumstances, the basis for it as a legal proceeding is creating the best conditions for child upbringing.

Section 50–13.4 of the North Carolina General Statutes governs the state's legal interpretation of child support matters. Family Courts, in partnership with the state's Child Support Enforcement Agency, handle Child support issues in the state.

Records that are considered public may also be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

What is North Carolina Child Support?

Child support, as defined by North Carolina statutes, is money paid by a parent or guardian to supply a child's basic needs. In the event of a divorce, both parents are generally required to sign a Voluntary Support Agreement. The judge also signs the agreement, making it an enforceable court order and a component of the divorce decree. The receiving or custodial parent may initiate legal action if the other party defaults in compliance.

What Does Child Support Cover in Carolina?

According to the Division of Social Services in North Carolina, child support payments generally cover health, education, and daily operations such as transportation, accommodation, and basic amenities. Regarding health, medical insurance may arise if the noncustodial parent lives far away from the child. The law takes into consideration the child's special needs, such as a disability, if any. Overall, the welfare of the child is the basis for assigning child support.

What is the Average Child Support Payment in North Carolina?

There is no documentation on the average Child Support Payments in North Carolina, although a national average pegs it at about $5000 per year. It primarily depends on the parents' income, the quality of life that is decided for the child, etc. The bare minimum for child support by law is $50 per month. According to the law of the state, the court gets to make its assessment based on the following factors:

• Number of children
• Healthcare
• Time spent with the child as a parent
• Earning of the parent
• Estates
• Homemaker inputs

How Do I Apply For Child Support in North Carolina?

Child support in the North Carolina Family Court system may be an isolated civil action, or an integral part of an ongoing divorce, separation, death of spouse, etc, in the state. Under the laws of the state, the non-custodial parent is the candidate for support payments if the number of overnights spent with the child per year is less than 123. If the court grants shared custody, the formula for calculating support payments will consider the time spent and the parent's income.

The custodial parent must file with the Family Court in the county of the child’s residence. The custodial may opt to self-litigate, get the services of a lawyer, or file through the Division of Social Services. Contact the Family Court Clerk’s office to file with the Court. To file for support through DSS, download and complete the Child Support Services Form. Submit it along with a $25 fee to the nearest child support agency to the child’s residence. If the filing party cannot afford the fee, the agency may cut it down to $10 if the person’s income qualifies for it under the Federal Poverty Guidelines. If there are questions or complaints, here is the address of the head office:

North Carolina
Department of Health & Human Services
Division of Social Services
Child Support Services
(800) 992–9457 (Toll Free)

How Do I Get Out of Paying Child Support in North Carolina?

Child Support Guidelines, as laid down by the state Supreme Court, undergo a three-yearly review. If the modalities change, it may influence the payment scheme allocated to the noncustodial parent. Otherwise, there are two ways to get out of paying child support:

To switch roles as the custodial parent, the court is typically required to approve the modification, and the other party must consent to the new arrangement.

Pay the support until the child turns 18: The law allows the noncustodial parent to terminate child support payments when the child attains 18 unless there is a back payment of support.

What is Back Child Support in North Carolina?

Back child support in North Carolina essentially refers to retroactive child support, or pending arrears. Arrears can accumulate if the payor does not meet the payment value or is inconsistent. The laws of the state ( NCGS § 50–13.10 ) insist that all arrears must be paid, unless there are exceptions:

• Motion filed to the effect, and notice to all parties before the due date, coupled with good reason for non-payment
• Physical or mental disability, indigency (maybe due to the loss of employment)

All due child support payments are non-modifiable, unless upon approval by the court.

How Do I Get Back Child Support Paid in North Carolina?

Back Child Support in North Carolina is enforceable through the North Carolina Child Support Enforcement Division of the Department of Health and Human Services. Submit a complaint to the office. Persons liable for back support are subject to both state and federal laws. When the case gets to the authorities, they can act by:

• Withholding the wages of the defaulting parent
• Revocation of work or driver’s license
• Interception of tax refunds
• Liens imposed on assets

Is there a North Carolina Statute of Limitations on Child Support?

According to state laws, there is a 10-year statute of limitations on child support in North Carolina (G. S. 1–47). This means that the complainant will need to initiate legal action to enforce the support order within 10 years.