The Answers You Need For Child Support Matters
All parents want the best for their children, but matters of child support can be confusing and challenging. Figuring out a fair settlement, facing the courts and making sure your children are set up for success are all serious matters that require a professional’s help. These issues should be taken care of delicately, but someone who has a wealth of experience with these types of legal situations. This is where a child support lawyer with specific knowledge can come in.
At Piedmont Eastern Litigation in Raleigh, North Carolina, our team of child support lawyers has dedicated experience figuring out child support. We can help you make sure your agreement is fair, whether you’re the payer or recipient, and we’ll always keep your children our top priority. Find out more about what we do and what you should know about this process below.
How To Figure Out A Fair Support Arrangement
Child support can be more amicable for both parents if they are on the same page. Parents can sign a child support agreement themselves if they agree on the amount. Creating a child support plan outside of the court allows for much more flexibility. Parents have more control, and there is an option to negotiate the payment amounts for both sides. Child support agreements typically include things like:
- A baseline amount: This is the specific amount that should be paid each month and can be determined based on North Carolina guidelines, which include provisions for income, number of children, etc.
- How the payment is made: the agreement should specify the form of payment. This can be a direct payment or one made through the North Carolina Child Support Centralized Collections, which would provide a record of payments. Having a detailed record can help should a dispute arise later on.
- Additional expenses: Your agreement may also want to account for additional expenses, those that could go above the basic needs covered by the baseline amount. These could include sudden, out-of-pocket medical expenses, extracurricular activities, and other unique health or educational needs.
- Tax matters: Child support has several tax implications for both the payer and recipient. Your agreement may want to detail who will claim your children as dependents and other tax benefits/issues.
- Enforcement: An agreement created outside of court should especially include provisions for and enforcement policies in the event a payment is missed or unfulfilled in any way.
Creating an agreement outside of court has its advantages. However, if there are issues or disagreements, the matter is often brought to the North Carolina courts.
Facing the courts, especially when your children are involved, is emotional and can be complicated. Whether you’re seeking support or being asked to provide, going through this process may leave you with a lot of questions. The first, most often, is “how does this all work?”
The courts are held responsible for prioritizing your children’s “best interests.” That means they will act and make decisions in a way that best benefits your children’s physical, emotional and mental welfare. Child support decisions in North Carolina are often determined based on several varying factors depending on your family’s circumstances, including:
- Whether there is sole or joint custody: Parents with sole custody are often eligible for more in support from the other parent.
- The number of children: Includes children currently living in the home under the age of 18.
- Each parent’s gross income per month: Support payments are determined proportionately to each parent’s pretax income.
- Health care costs/Health insurance support: If health insurance payments are made by a parent’s employer, this amount is not usually included in support calculations.
- Day care costs/child care costs: Reasonable child care expenses can be included into basic child support obligations and included in support amount.
- Other extraordinary costs: This can include expenses related to special education based on the child’s needs if determined necessary by the courts.
You may also have to prove the paternity of your children before you seek child support. This can also factor into support decisions and may qualify you for retroactive child support. In many situations, you can sue for back child support if you think your child’s other parent neglected their responsibilities by not paying or missing child support payments when they had a legal requirement to pay.
Your child support lawyer can further explain child support guidelines and how they relate to your child support arrangements. It’s important to know that these arrangements can also be modified at any time you or your child’s other parent’s circumstances change. Losing a job, getting remarried or other major life changes can make people eligible to make changes to a child support arrangement.
Find Out More About Getting Support
This is one of the more nuanced and complicated parts of family law. If you have more questions or are wondering what your situation dictates, contact us today at Piedmont Eastern Litigation. Our child support lawyers are here to answer all your questions and help you figure out a plan for child support that will fit your situation.
Start with an initial consultation with a supportive child support lawyer in Durham County. We’ll begin by listening to you and your situation. Then, we can provide insight and begin to create a plan to prioritize your and your children’s interests. A child support lawyer can help make sure you come to a fair support arrangement, whether outside of or in court. Contact us today to learn more. You may use our online contact form to get more information or you can call 984-308-8900 to get in touch.