Do I Have to Go to Court to Determine My Child Support Payments in North Carolina?

Do I have to go to court to determine my child support payments in North Carolina? This is a question that many North Carolina parents find themselves asking when trying to form or modify a child support agreement in the state. While some custody cases may require court intervention, it is not always necessary. You should consult an experienced North Carolina child support lawyer to better understand what legal avenues can help you pursue a fair child support order.

Your North Carolina Child Support Team

At Griffin Law, PLLC, our devoted team of attorneys has been practicing family law throughout North Carolina for decades. We have built a firm based on effective advocacy and compassion. Our lawyers understand just how complex family law issues like child support can become, which is why we’re dedicated to protecting your rights and the rights of your children.

Whether you’re going through a divorce or need to establish child support as an unmarried parent in North Carolina, our experienced divorce lawyer team can help you make informed decisions that protect your future.

How Are Child Support Orders Determined in North Carolina?

Child support in North Carolina is more than just a legal requirement. It’s critical for your child’s quality of life. In North Carolina, N.C. Gen. Stat. § 50-13.4 dictates child support orders and allows courts to order one or both parents to pay child support to help ensure the child’s needs are met.

North Carolina family courts can, however, order a higher or lower amount if the application of this formula would be unjust or inappropriate, or would not provide for the needs of the child, as in the case of extraordinary medical expenses or high-income parents. It also allows for modification of a support order when a substantial change of circumstances has occurred.

Common factors that are taken into consideration when determining North Carolina child support orders include, but are not limited to:

• The income of both parents
• The earning abilities of both parents
• The amount of parenting time each parent has with the child
• Any special needs of the child
• Childcare services

When Court May Be Required in a North Carolina Child Support Case

In the fiscal year of 2021, North Carolina’s Child Support Services (CSS) oversaw 375,336 child support cases, established 23,460 support orders, and collected more than $651 million in support. These numbers emphasize the number of parents who require assistance to care for their children.

Even though parents have the option to explore other avenues to avoid court for child support determinations, there are some situations where the court may be the most beneficial, or the only option. Some of these situations include:

• Disagreements Between Parents. If the parents cannot agree on the amount of support needed or one believes the CSS calculation is unfair, the court may have to step in to resolve the disagreement and determine a fair amount of support.
• Situation Complexity. If two parents have a complex situation that cannot be adequately calculated through CSS calculation, they can present their case to the court for a fair resolution.
• Income Abnormalities. In some cases, one parent may have a non-traditional job, be paid in cash, or may be suspected of hiding income. A judge can verify and take into account all income to make an accurate calculation.
• Enforcement. If one parent is not holding up their end of the agreement, courts may need to intervene to enforce the child support order in place. In North Carolina, support payments were made in 78% of cases in 2021, which is above the national average of 75%. However, there was still a significant number of families that didn’t receive the payments they were owed.

If your North Carolina child support case goes to court, it’s crucial that you hire a child support lawyer with experience who can advocate for you and what’s right for your children.

Alternative Options to Litigation for North Carolina Child Support Cases

In some cases, parents can use the services of the state’s CSS agency to establish paternity, calculate support based on guidelines, and issue an enforceable order without ever having to go to court. In other instances, parents may make an agreement outside of court and simply submit it to the court for approval. When you do this, you can avoid a lengthy hearing process and create a legally binding order. In some cases, however, court intervention is required.

FAQs

Do You Have to Go to Court for Child Support Cases in North Carolina?

You do not always have to go to court for child support cases in North Carolina. If you and your child’s other parent can agree on child support terms, you can likely come up with an agreement on your own and then have it approved by your local family court. A court is typically used for instances of disagreement, unique circumstances, or the need for enforcement. You should talk to a child support lawyer to determine which legal avenue is right for you.

How Do You Determine Child Support Outside of Court in North Carolina?

Parents in North Carolina can also use the CSS agency to establish support without having to go to court. CSS calculates support payments according to state guidelines and can also enforce the support order once it is in place. However, North Carolina parents may also make a voluntary support agreement with each other, which sets the support at or near the guideline amount. You should review all agreements with a lawyer to ensure they are fair.

How Does North Carolina Determine Child Support?

North Carolina has established child support guidelines that help judges determine the proper amount of child support to award in a particular case. The guidelines take into account the gross income of both parents, the number of children to be supported, the custody arrangements, and such expenses as childcare costs, medical expenses, and health insurance.

Can Child Support Be Changed in North Carolina?

Yes, child support orders can be changed in North Carolina. However, these support orders may only be modified when there is a substantial change in a parent’s circumstances. A substantial change in circumstances might include a significant increase or decrease in income, loss of a job, a change in custody arrangements, or a child developing new medical or educational needs.

Hire a Child Support Lawyer You Can Trust

At Griffin Law, PLLC, we’re devoted to helping families in North Carolina navigate complex cases. We know just how contentious child support cases can become, and we are prepared to stand by your side through every step of your case. Contact us today to learn more about how we can help.