However, there are a number of basic things that parents should know. First, a custodial parent is defined as the parent who has primary custody of a child most of the time. The definition of a non-custodial parent, on the other hand, is a bit more complicated. Generally, this is the parent who does not have physical custody of a child, although they may have legal custody. If you have joint custody, make sure you know how child support obligations may affect children. Regardless of the circumstances, the goal of child support is for parents to share the financial responsibility of raising their children. This usually means that the non-custodial parent makes regular payments to meet the child`s basic needs. Whether you think you should ask for child support or are being asked to pay, North Carolina family attorney Jonathan Breeden can help. To speak to an experienced child support attorney today, call our office at (919) 661-4970 Child support is meant to help with the “normal” expenses associated with raising a child in the simplest case. These normal expenses include food, shelter, transportation, clothing and some education expenses. In addition to expenses for food, shelter, and clothing, which are covered by basic child support, many states factor in additional expenses when calculating parents` final financial obligations after a divorce or separation. Child support in North Carolina ends when a child turns 18 and completes high school, with some exceptions. If a child is in school and progressing to high school, support can extend until their 20th birthday.
Children need food, appropriate clothing and a safe and comfortable place to live. At the very least, child support can be used to buy food, snacks, beverages, and other foods. It can also be used to buy appropriate shoes, jackets and clothing. In addition, child support coverage includes payments for the child`s related accommodation costs (mortgage/rent, lighting, telephone, and utility bills). However, an individual has only a legal responsibility to provide for his or her own biological children. Therefore, a court cannot order a person to pay child support by step, with the caveat that the person has not formally adopted the child by step. While the vast majority of states abide by this rule, some laws differ when it comes to supporting stepchildren. For more information about determining the law in a particular jurisdiction, see State Laws.
The percentages used to calculate the basic maintenance obligation are as follows: In some cases, the parents were separated for a period of time before a support order was registered. Sometimes parents shared financial responsibility during this time. In other cases, however, the primary caretaker bore most of the burden. If a judge finds it is in the best interests of the children, he or she can apply North Carolina policies retroactively up to three years from the date the child support claim is initiated. A child support calculator is available on the North Carolina Department of Health and Human Services website. However, an experienced child support attorney in North Carolina can also explain what you can expect based on your situation. Parents who owe child support, but are unable to pay, should consider filing an application to change child support. If you need to apply for social assistance, any child support you receive may become a factor for which you are eligible. After making these calculations, the court may conclude that the payment of basic child support is not fair to the non-custodial parent if the non-custodial parent remains below the current $17,226 self-help reserve or if other circumstances affect the non-custodial parent`s ability to pay. In this case, the court may authorize the payment of a lower amount. Read on to learn more about ongoing child support costs that may be covered by a child support order to see if they might apply to your situation. Today, many family law practitioners and even laws in some states use terms such as “parenting arrangements” or “parental responsibility” when referring to matters of legal and physical custody, among other things.
You can find these terms and custody on the OurFamilyWizard website. Parents can decide on a different amount for the payment of child support in a written agreement signed by both parents, confirming what they are doing and that each parent has been informed of the amount of basic support using the court formula. The written agreement must also state the reasons for non-payment of the amount formulated. If the court finds that the child`s needs are not being met financially, the child`s need for support may prevail over the written consent of both parents. Most courts charge at least $25.00 per month per child, even if one of the parties waives the right to child support. Education is not free, even if a child attends a public school; Several fees and costs are charged to provide for school-aged children. Thus, child support can be used to pay for many school-related needs such as school clothes/uniforms, tuition, textbooks, lunch fees, and private tutors. Determining child support during a divorce or separation is an extremely important process. But it can also become a huge source of conflict if parents don`t agree on what expenses to cover or how to handle purchases that aren`t normally included in a child support payment. In most cases, the court will order the non-custodial parent to pay basic child support to the custodial parent.
The basic child support obligation is equal to the combined income of both parents (less certain deductions), multiplied by a certain percentage, which varies according to the number of children to be supported. The total maintenance obligation of the children is then divided between the parents in proportion to each of their incomes. The first calculation is based on combined income up to a limit, which is currently $154,000. For income over $154,000, a separate calculation is made and the court must decide whether to apply the policy percentages to excess income or to apply a different percentage, stating the reasons for its decision. Child maintenance obligations should always be treated in the interests of children. Children have the right to be supported by both parents, and child support that helps them be clothed, fed, and ready for school is only one facet of that support. Child support payments are usually for more than just clothing, food, and shelter. Child support payments can be used to cover all of children`s needs – not just the most basic necessities. As all parents know, children come with a variety of expenses, such as: Parents may wonder how fees and supplies for extracurricular activities will be handled after their divorce. Unless explicitly stated otherwise in their parenting plan, many parents may have to contribute out of pocket to these expenses or rely on their basic alimony to offset these costs. However, some states, such as Illinois, give courts the power to order additional assistance for expenses related to extracurricular activities that “enhance the child`s educational, sports, social or cultural development.” In cases where one of the parents has remarried, the income of that parent`s new spouse is almost never taken into account in calculating child support. The case law also differs as to whether the death of a debtor extinguishes its future maintenance obligations.