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Quick Facts on Child Support
Any person or entity with custody of a minor child may seek support for that child from the parents of the child.
Although a non-parent with custody of a minor child may request and receive support for the child, a parent can not request and receive child support from a non-parent third party unless that third party has assumed the obligation of support in writing.
The criteria used to calculate child support are:
North Carolina typically requires that child support shall be calculated by use of presumptive guidelines and that these guidelines apply as a rebuttable presumption in all legal proceedings involving the child support obligation of a parent.
The guidelines presume that the parent who receives child support is entitled to and does claim the children for all tax exemption purposes.
Income is defined as a parent's actual gross income from any source including but not limited to the following;
Child support may be calculated on a parent's potential, rather than actual, income under certain circumstances. The circumstances are:
In calculating child support, North Carolina's guidelines allow the parties to take into consideration pre-existing child support obligations for other children not living with the parent as well as responsibility for other children that do reside with the parent.
Once the basic child support obligation has been arrived at, certain adjustments may be made by the Court for work-related child care costs, health insurance costs, and extraordinary costs, in order to calculate the final child support obligation.
Extraordinary expenses contemplated by our laws when calculating child support must be reasonable, necessary, and in the child's best interests and include:
Guideline child support is calculate by means of worksheets: Worksheet A, Worksheet B, and Worksheet C. The Worksheet A is entitled "Child Support Obligation Sole Custody", Worksheet B is entitled "Joint or Shared Physical Custody", and Worksheet C is entitled "Child Support Obligation Split Custody."
A party may seek a deviation by the court from the guidelines.
Payments for child support shall terminate upon the earliest of the following conditions:
An order for child support may be modified or vacated at any time upon a request of the court and a showing of a substantial change of circumstances.
For a party to be entitled to receive reimbursement of his or her attorney's fees in a child support matter:
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North Carolina is an equitable distribution state. There shall be an equal division by using net value of marital property and net value of divisible property unless the court determines that an equal division is not equitable.
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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