Lincolnton Family Law is here to assist you through all of your child support issues.
The North Carolina child custody laws are very confusing and overwhelming. There are multiple issues to take into account from visitation to grandparents rights to financial requirements. The main priority of all parties should be to ensure that children have the financial support of both their parents, to encourage responsible behavior towards children, and to emphasize that children benefit when both parents are involved in their lives.
What our clients say about us
Jennifer did an excellent job with my child custody. She kept me informed and made sure my child was safe throughout the process. This isn’t just a job to her, she cares about her clients.
Modification of Existing Child Support Order
Child support can be modified however, the approach to modification will differ depending on whether the original award is embodied in a court order or a separation agreement. If child support is by court order, the party must show “changed circumstances.” This change must be both “substantial and material.” This standard puts a heightened burden on the party seeking to change the amount of support.
The court only considers changes since the entry of the most recent order. Its examination would focus on the reasonable needs of the child(ren), each parent’s relative ability to pay, and all the other financial factors taken into account under the Guidelines.
If child support is dictated by a separation agreement, the standard for modification requires only that the moving party show the amount of support necessary to meet the reasonable needs of the child(ren) at the time of the hearing. The amount which the parties have previously agreed upon is presumed reasonable but will only be used as some evidence of the appropriate level of support. In other words, the trial court can disregard a prior settlement over the amount of child support, even if the parties previously deemed the amount to be fair.
Navigating these requirements and making sure your child’s best interest is being represented is a difficult process. Jennifer is ready to help you and to always have your child’s interest at heart.
Enforcement of Existing Child Support Order
As a parent, you are required to share in the financial responsibility of your child(ren). If you fail to pay child support, the court may order retroactive payments, and other consequences may occur. There are a number of remedies available for enforcement. If child support is determined by a separation agreement, then breach of contract will be the appropriate remedy. If child support is payable under a court order, the order is enforceable through the contempt powers of the court. Private attorneys can assist custodial parents in the collection of child support. A number of remedies are available for the enforcement of child support including seizure of real estate and personal property, orders that bonds be posted, assignment of wages, garnishment, arrest, and interception of income tax refunds.
When child support is not paid as required, the person that suffers the most is the child. It is important to have an attorney on your side making sure your agreement is being followed and, if it is violated, to give your child a voice.
As a parent, Jennifer understands the need to protect your child’s needs. As an attorney, Jennifer also understands how complex the laws on support in North Carolina can be and is there to guide you every step along the way.