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What is Child Support and When does it Occur in North Carolina?

Child support is an adjoining legal proceeding to divorce, or separation, or annulment cases in North Carolina. Child support is about who has custody of the child and laid down details of visitation and welfare. The basis for it as a legal proceeding is to create the best conditions of child upbringing possible, given the circumstances.

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

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  • The name of the person involved in the record, unless said person is a juvenile
  • The location or assumed location of the document or person involved

Third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability on third-party websites may vary.

What is North Carolina Child Support?

Child support by North Carolina statutes refers to the money paid by a parent or guardian to supply the basic needs of a child. In the event of a divorce, both parents must sign a Voluntary Support Agreement. The judge ratifies the agreement by signing it also. It becomes 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 cover basic needs of health, education, and daily operations such as transportation, accommodation, and basic amenities. Regarding health, the need for medical insurance may arise if the non custodial parent lives far away from the child. The law takes into consideration special needs of the child 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 as to the average Child Support Payments in North Carolina, although a national average pegs it as about $5000 per year. It all depends on the income of the parents, the quality of life that is decided for the child, etc. The basic 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 a shared custody, the formula to be used for calculating support payments will consider the time spent and income of the parent.

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 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 non custodial parent. Otherwise, there are two ways to get out of paying child support:

Switch roles as the custodial parent: the court must approve the modification and the other party must consent to the new arrangement.

Pay the support until the child clocks 18 years of age: the law allows the non custodial parent to terminate child support payments when the child attains 18 years of age, 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 up with the payment value or has been inconsistent. The laws of the state ( NCGS § 50–13.10 ) insist that all arrears must be paid, unless there are exceptions of:

  • 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 to 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 Statutes of Limitation on Child Support?

According to the laws of the state, there is a 10 year statute of limitation on child support in North Carolina (G. S. ’1–47). It means that there is a 10 year time frame during which the complainant must initiate legal action on the enforcement of the support order.

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