Child Support Attorneys in North Carolina & South Carolina
Peaceful Child Support Solutions
When you and your spouse decide to end your marriage, you must ensure that your children will still be financially cared for. Unfortunately, this isn’t always easy, as child support disputes are some of the most contentious issues to resolve with an ex-partner. The emotional nature of these types of family law cases necessitates the guidance and experience of a child support attorney.
If you are in the midst of a divorce, turn to Collins Family & Elder Law Group. Our child support lawyers proudly serve North Carolina and South Carolina.
Contact us online or call (704) 289-3250 today to schedule a consultation with one of our attorneys.
How Collins Family & Elder Law Group Can Help
The states of North Carolina and South Carolina require both parents to provide their children with legal aid in the form of child support to the fullest extent of their abilities until their kids are 18 years old and/or have graduated from high school. The amount each parent contributes to child support is contingent on the needs of the child and the parent’s ability to pay. Child support is important in any situation that involves custody of a minor child, but addressing the issue can result in bitter disputes over finances and obligations.
If you need a child support attorney in North Carolina or South Carolina, our legal team can keep the peace and help you and your co-parent successfully navigate a child support dispute. We have over 200 years of combined experience and spent years helping families throughout North Carolina and South Carolina and can offer the same affordable legal guidance to your family. We aim to provide legal service that improves your family’s situation and makes this difficult transition a little smoother and easier to bear.
What You Need to Know About Child Support in North Carolina & South Carolina
How Are Child Support Obligations Created?
The primary goal of a child support obligation is to make sure that a child’s needs are met until they have reached the age of legal emancipation.
A child support obligation can generally be created in one of two ways:
- By agreement of the parties
- By the decision of the court
Parents are always given the opportunity to resolve the issue of child support by agreement, but if an agreement isn’t reached, the court will determine the amount of support each parent will pay.
How Does the Court Calculate Child Support?
Divorces are often just as difficult for children as they are for parents. NC and SC child support laws make things a little easier for your child. These laws were put into effect to keep your son or daughter’s standard of living the same as it was before you and your partner separated.
In North Carolina, both parents are expected to share the financial responsibility for their children, but they are not legally required to provide the same amount of support. North Carolina Child Support Guidelines base support amounts on income and the child’s needs. South Carolina guidelines attempt to keep parent contributions the same as they were before the separation to ensure financial stability for your children.
Child support in North Carolina and South Carolina is calculated based on a number of factors, including:
- The income of both parents
- The number of children involved
- Any preexisting child support agreements
- Any alimony owed to a former partner
- Obligations of support to other dependents
- Dental, medical, educational, and other childcare expenses
- Frequency of overnight visits
You can learn more about how the court systems make these determinations by visiting the North Carolina Court System website or the South Carolina Judicial Department website.
How Are North Carolina & South Carolina Child Support Laws Enforced?
Once a child support order is in effect, a paying parent is obligated by law to pay the court-mandated amount of child support. If a parent fails to pay the full amount, they could be in contempt of court and face severe penalties. The courts would be able to take legal action in the form of a wage garnishment or a bench warrant for the arrest of a delinquent parent.
Can Child Support Be Modified in North or South Carolina?
If you can no longer afford to pay your child support obligation in full due to an unexpected change in your financial situation, you should speak with one of our child support lawyers in NC or SC. The courts will look for proof of a substantial change in financial circumstances before modifying a child support order.
Additionally, if you, as the custodial parent, have a change of circumstance and require an increase in child support, or you suspect that your ex-partner is concealing income, our legal team can help you make modifications to your original agreement and get an accurate summary of your co-parent’s income. Take the necessary steps to protect your family’s future today.
What Are the General Steps and Processes Involved in Filing for Child Support in North & South Carolina?
In North & South Carolina, the general steps and processes involved in filing for child support are as follows:
- Filing a Petition: Start by filing a petition for child support with the court. This can be done through your local Child Support Enforcement (CSE) agency or by working with a child support lawyer.
- Providing Information: You will need to provide information about yourself, the other parent, and the child, including their names, addresses, birth dates, and Social Security numbers.
- Establishing Paternity: If paternity has not been established, you may need to go through the process of establishing it. This may involve genetic testing to determine the biological relationship between the child and the alleged father.
- Calculating Child Support: Work with your child support lawyer or use a child support calculator to determine the estimated child support payments. Factors such as each parent's income, custody arrangements, and other relevant expenses will be taken into account.
- Court Hearing: Attend a court hearing where a judge will review the information provided, consider any evidence presented, and make a determination regarding child support obligations.
- Implementing the Order: Once the child support order is issued, both parents must comply with its terms. The non-custodial parent will typically be responsible for making regular child support payments, and the custodial parent will receive those payments.
Child Support FAQ
A Skilled Child Support Attorney Can Help You
Not only do our North Carolina and South Carolina child support lawyers take your support orders seriously, but we also take them personally. Child support orders essentially dictate the way you will continue to raise and parent your children. Your child support agreement will become a huge part of your life, so our goal is to ensure that the child support payment is fair and benefits your child in the long run.
To learn more, including how we can help you with your child support case, call (704) 289-3250 or submit a secure contact form today.
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How can a child support attorney assist me?
An experienced child support attorney can provide personalized assistance to protect your rights and help achieve the best possible outcome in your child support case. An attorney can offer legal advice and guidance, ensuring that you fully understand your legal rights and options. Your attorney can also assist you in determining the appropriate amount of child support using the applicable child support calculation, as set by the state.
At Collins Family Law Group, we not only guide our clients through the child support process but also assist with everything from negotiation and mediation to representation in court whenever necessary. We are also equipped to handle the enforcement of court orders and modifications of existing orders or agreements as needed. We encourage you to get in touch with our team today to learn how we can help with your North or South Carolina child support case.
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What happens if the custodial parent remarries or has additional children?
In North and South Carolina, the remarriage or having additional children by the custodial parent may—but does not automatically—affect the existing child support order. The court generally considers the needs of the child as the primary focus when determining child support. However, the court may consider the financial circumstances resulting from the custodial parent's remarriage or the birth of additional children if it significantly affects their ability to provide for the child from the previous relationship. The court has the discretion to consider these factors while assessing the best interests of the child.
It's important to note that the court will not reduce child support solely based on the custodial parent's new spouse's income or the needs of additional children in the new family. The court primarily looks at the financial obligations towards the child from the previous relationship.
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How is child support calculated in the Carolinas?
In North Carolina, child support is determined using guidelines established by the North Carolina Child Support Enforcement, whereas, in South Carolina, it is determined using the Child Support Guidelines established by the South Carolina Department of Social Services. Both states take certain factors into account when determining how to award child support. Some of these factors include the income sources and income deductions of both parents, healthcare costs, previous child support orders and agreements, child-related costs (such as education, daycare, and special needs), parenting time, and extraordinary expenses, such as travel costs for visitation and the children's pre-divorce or pre-separation standard of living.
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