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Raleigh Child Support and Modifications

Q. Do I have to go to Wake County Court to receive child support payments?

A. Parents can write out the provisions of child support in a Raleigh, NC Separation Agreement. If a parent believes he or she will have trouble receiving regular NC child support payments, it may be necessary to ask the Court to order payments. A claim for child support can be filed at any time while the child is a minor and is always modifiable. The amount of child support is typically reviewed every three years or upon a significant change in circumstances such as loss of employment or a temporary or permanent disability.

Q. Will the noncustodial parent have to pay child support in Raleigh, NC?

A. Both parents must pay child support. Payment of child support is generally based on the amount of time spent with the child and a percentage of the income of each parent. In effect, the parent who earns more money pays child support to the parent earning less.

Q. How is Wake County child support determined?

A. The court uses established guidelines to determine how much child support each parent pays. The guidelines generally are set to meet the reasonable needs of the child for health, education, and maintenance, taking into consideration the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of a particular case.

Q. What if the North Carolina child support payments are more than my ability to pay?

A. A judge may vary from the child support guidelines. The party ordered to pay child support will have to show by the greater weight of the evidence that the application of the guidelines would be unjust or inappropriate.

Q. What recourse do I have if my spouse refuses to pay Wake County Court ordered child support?

A. There are several remedies available a judge may use to enforce child support payments. A judge may secure payments by means of a bond, seizure of property, by requiring the execution of an assignment of wages, arrest, garnishment of wages, or place a specific lien against a particular real property.

Q. If my spouse files bankruptcy in North Carolina, can they discharge child support payments?

A. Child support payments are not subject to discharge in a bankruptcy court.

Q. Can I refuse visitation if I do not receive North Carolina child support payments?

A. The remedies set out above are the only actions available to force child support payments and are separate from a parent’s right to visit a child. Children do not understand the complicated issues that adults create and it is in their best interest to have consistent contact with both parents.

Q. How long will child support payments last?

A. Child support payments last until a child reaches 18 unless the child is still in high school or fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first. In addition, payments will cease if the child becomes emancipated.

Q. Can I appeal Court ordered child support?

A. Yes, a party may appeal Court ordered child support, however, the party will continue child support payments throughout the appeal process unless the Appellate Court decides otherwise.

Contact The Law Corner To Get Your Questions Answered!

You have questions and we have answers. For more information and to get your specific questions answered and your concerns addressed, please contact The Law Corner. Our expert Raleigh Divorce Attorneys understand that every situation is different and will be there to fight for you when you need us most– we are always in your corner! Call The Law Corner at 919-424-8319 or fill out the contact form and we will get back to you within 24 hours. In the meantime, take advantage of the NC legal resources and North Carolina legal blogs we have made available to you so that you can make the best legal decisions.

The Law Corner divorce attorneys in Raleigh can help explain the divorce process to you and help you with other divorce related issues, to include, but not limited to, the following:

Raleigh Mediation Attorney

Bankruptcy & Divorce in North Carolina

Raleigh Credit Card Debt & Divorce Attorney

Raleigh Uncontested or Absolute Divorce Attorney

Raleigh Collaborative Law Attorney

Raleigh Equitable Distribution of Property Lawyer

Raleigh Alimony and Spousal Support Lawyer

Raleigh Prenuptial and Postnuptial Agreements

Raleigh Domestic Violence, Stalking and Harassment

Raleigh Legal Separation & Separation Agreements

Qualified Domestic Relations Order (QDRO)

Child Support and Modifications Lawyer in Raleigh

Child Visitation and Rights Attorney in Raleigh, NC

Abuse, Neglect & Dependency

Self-Help Clinic in Raleigh, NC

The Law Corner Attorneys help people all over Wake County to include the following areas: Knightdale, Wake Forest, Raleigh, Morrisville, Apex, Wendell, Zebulon, New Hope, Cary, Rolesville, Fuquay-Varina, Holly Springs, and Garner.

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