Winston-Salem Child Support Attorney

Comprehensive Child Support Services Tailored to Your Needs

Ensuring that your children have the financial resources they need to thrive is one of the most critical aspects of any separation, divorce, or custody dispute. In North Carolina, both parents bear a legal and moral responsibility to support their children. However, navigating the legal framework required to establish, enforce, or modify these financial obligations can quickly become overwhelming.

At Collins Family & Elder Law Group, we understand that nothing is more important to you than your children’s well-being and future. Our experienced team provides compassionate guidance, objective legal advice, and aggressive advocacy to ensure your child’s financial needs are met while protecting your parental rights. Whether you are seeking to establish an initial support order, enforce a delinquent payment structure, or modify an existing agreement, our legal team is here to stand by your side.

Call Collins Family & Elder Law Group today at (704) 289-3250 or contact us online to meet with our child support attorney in Winston-Salem!

Decades of Experience With the Financial Side of Family Law

Child support cases live or die on the numbers — income calculations, deductions, extraordinary expenses, and how the North Carolina guidelines apply to your specific situation. Collins Family & Elder Law Group brings more than 350 years of combined legal experience to that process, including attorneys who are board-certified family law specialists. That level of certification is reserved for a small number of attorneys in the state, and it reflects a depth of knowledge that matters when a support calculation is being disputed, a self-employed parent's income is in question, or an order needs to be modified after a job change.

We've guided parents through straightforward guideline calculations and complex high-income or high-asset support disputes alike, giving Winston-Salem families access to the same caliber of representation our clients receive across North and South Carolina.

What is Child Support?

Child support is a periodic, ongoing financial payment made by one parent to another to assist with the costs associated with raising a child. The fundamental philosophy behind child support is to ensure that a child enjoys the same standard of living they would have experienced if their parents had remained together or lived in a single household.

Child support payments are not intended as a punishment for the non-custodial parent, nor are they a financial windfall for the custodial parent. Instead, these funds are specifically designed to cover a wide array of a child's basic and essential needs, including:

• Basic Living Expenses: Housing, utilities, groceries, and clothing.
• Healthcare: Health insurance premiums, dental care, vision care, and uninsured medical expenses.
• Education: School supplies, school fees, uniforms, and tutoring.
• Childcare: Daycare, after-school care, and summer camp expenses necessary for a parent to maintain employment.
• Extracurricular Activities: Sports, music lessons, and other developmental activities that enrich the child's life.

Who Pays Child Support?

In many situations, the parent with less physical custody pays child support to the parent who has primary custody. However, this is not always the case.

Child support obligations depend on several factors, including:

• Each parent's income
• Parenting schedule
• Number of children
• Health insurance costs
• Childcare expenses
• Other extraordinary expenses

Even in shared custody arrangements, one parent may still be required to pay child support if there is a significant difference in income or parenting responsibilities.

North Carolina Child Support Laws

North Carolina child support laws are structured to be objective, predictable, and focused entirely on the best interests of the child. State law dictates that child support calculations follow a set of standardized guidelines known as the North Carolina Child Support Guidelines.

These guidelines are established by the Conference of Chief District Court Judges and are updated periodically to reflect changing economic realities. In the vast majority of cases, the court is legally required to apply these guidelines mathematically. The calculated amount is presumed to be correct unless a party can prove that applying the guidelines would be unjust or inappropriate under the specific circumstances of their case.

Under North Carolina law, child support obligations typically continue until the child reaches the age of 18. However, if the child is still enrolled in secondary school (high school) when they turn 18, the support obligation continues until the child graduates, ceases regular school attendance, fails to make satisfactory academic progress, or reaches the age of 20—whichever occurs first.

How The Court Determines Child Support in Forsyth County

If you are filing for child support or responding to a claim in the Winston-Salem area, your case will likely be handled by the Forsyth County District Court. The court utilizes standard worksheets to determine the exact dollar amount of the child support obligation.

The calculation depends heavily on three primary factors: each parent's gross income, the number of overnights the child spends with each parent, and certain extraordinary child-related expenses. To accommodate different physical custody arrangements, North Carolina utilizes three separate worksheets:

• Worksheet A (Primary Custody): Used when one parent has sole or primary physical custody of the child for more than 243 overnights per year.
• Worksheet B (Shared Custody): Used when both parents share physical custody, and each parent has the child for at least 123 overnights per year.
• Worksheet C (Split Custody): Used in more complex situations where there is more than one child, and each parent has primary physical custody of at least one child.

What Counts as Gross Income?

For the purposes of child support calculations, "gross income" is defined broadly. It includes wages, salaries, bonuses, commissions, self-employment income, rental property income, social security benefits, workers’ compensation, and spousal support received from a previous marriage. If a parent is intentionally unemployed or underemployed to avoid paying child support, the Forsyth County court has the authority to "impute" income to that parent based on their earning capacity and employment history.

Child Support Modification & Termination

Life is dynamic, and financial circumstances can shift dramatically in the years following a divorce or separation. A child support order is never permanently set in stone. Under North Carolina law, either parent can request a modification of an existing child support order if they can demonstrate a substantial and material change in circumstances since the date the original order was entered.

Examples of a substantial and material change in circumstances include:

• An involuntary loss of employment, a severe reduction in pay, or a significant promotion/increase in income.
• A permanent disability or chronic illness affecting a parent's capacity to earn.
• A major shift in the physical custody schedule (e.g., a child moving from one parent's house to the other's permanently).
• A drastic increase or decrease in the child's needs, such as the emergence of a medical condition or the cessation of expensive daycare costs.

Additionally, a change of 15% or more between the amount of support currently ordered and the amount that would result from applying the guidelines based on new income figures (provided the order is at least three years old) creates a legal presumption of a substantial change in circumstances, making it eligible for modification.

Frequently Asked Questions

How is child support calculated in North Carolina?

North Carolina uses Child Support Guidelines that consider both parents' income, custody arrangements, childcare expenses, health insurance costs, and other relevant financial factors.

When does child support end?

In North Carolina, child support typically ends when the child turns 18. However, support may continue if:

• The child is still enrolled in high school upon turning 18.
• The child has not yet graduated.
• The support order specifically provides for continued payments.

Support generally ends when the child graduates from high school or reaches age 20, whichever occurs first, unless other legal circumstances apply.

Can parents agree on their own child support amount?

Yes. Parents may negotiate their own child support agreement, but the court must approve it to ensure it serves the child's best interests.

Can child support be changed later?

Yes. Either parent may request a modification if there has been a substantial change in circumstances, such as income changes, custody modifications, or significant changes in expenses.

What happens if a parent refuses to pay child support?

Courts have several enforcement options, including wage garnishment, tax refund interception, license suspension, contempt proceedings, and other legal remedies.

Does shared custody eliminate child support?

Not necessarily. Even with shared custody, one parent may still owe child support depending on each parent's income and the amount of parenting time.

What if the paying parent loses their job?

A parent who experiences a substantial loss of income should seek a modification as soon as possible. Child support does not automatically decrease simply because employment changes.

Can child support cover college expenses?

Generally, North Carolina child support ends before college unless the parents have entered into an agreement providing for college expenses.

A Firm Recognized for Results

Our reputation didn't happen by accident. Collins Family & Elder Law Group has been recognized by Forbes, Fortune, Super Lawyers, Business North Carolina's Legal Elite, and other state and national organizations for our work in family and elder law. That recognition reflects what our clients already know: when your family's financial stability is on the line, you want a firm with a demonstrated record of getting results, not just promises.

Here for Winston-Salem Families, However You Need Us

Child support disputes don't wait for convenient timing, and neither do we. Winston-Salem clients can meet with our child support attorneys by phone or video consultation, giving you direct access to the same dedicated team handling cases throughout North and South Carolina — without needing to travel to one of our offices.

Contact Collins Family & Elder Law Group today to schedule a meeting with our child support lawyer in Winston-Salem!