Salisbury Child Support Lawyer

Salisbury Child Support Attorney

Child support is a significant factor in many divorce proceedings. Both parents have a legal responsibility to financially support their children whether they’re married or not. When financial matters and child support become complex and emotionally charged disputes, it is essential to have an experienced Salisbury child support lawyer to advocate for your rights and ensure your children’s needs are met. A Salisbury family lawyer from our firm can help.

Parents Are Responsible for Providing for Their Children

Although child support obligations typically end when a child turns 18, there are some exceptions to this, such as when the child is still in high school or disabled. Under such circumstances, both parents may agree to continued support.

Parents are responsible for supporting their children regardless of custody arrangements. This includes children living with other family members or receiving government assistance.

Potential Custody Arrangements

North Carolina family law recognizes two primary types of child custody: physical and legal.

Physical custody refers to the physical care of the child. It determines where the child primarily resides, who provides for their daily needs, and who is responsible for bringing them to school and other activities. Physical custody can be shared between both parents or assigned primarily to one parent, with the other parent receiving visitation according to a predetermined schedule.

Legal custody pertains to the decision-making authority regarding a child’s upbringing. It encompasses significant decisions, such as religious education, schooling choices, and participation in extracurricular activities. Typically, courts award joint legal custody to both parents, even if one parent has primary physical custody.

What Is the “Best Interest of the Child” Standard?

The “best interest of the child” standard means that the court’s primary concern is to make decisions that will be most beneficial to the child’s well-being, both physically and emotionally.

The court may consider factors such as the age of the child, their emotional needs, health, and the stability of each parent’s home environment. The court also assesses the quality of the parent-child relationships, the parents’ abilities to cooperate, and the child’s adjustment to their community and school. For older children, the court may consider the child’s preferences as well.

How Child Support Is Calculated in North Carolina

Child support is a legal obligation for parents to contribute financially to their child’s well-being, including their health, education, and essential needs. In North Carolina, the law recognizes that parents may have different financial abilities and, instead, considers the child’s specific needs when determining support payments.

The Family Court applies the North Carolina Child Support Guidelines to calculate child support payments.

The exact amount may be based on your child custody arrangement (sole, joint, or split) and other relevant factors, such as:

• Both parent’s current and potential earnings, including investments and other sources
• The child’s past, present, and future financial needs, such as daycare, healthcare, education, and essential living expenses
• Significant medical costs
• The family’s standard of living
• Previous child support obligations

Calculate Your Child Support Estimation

To estimate potential child support amounts, you may use the North Carolina Child Support Calculator yourself; however, keep in mind that it is merely an estimate. The actual court-ordered amounts may vary based on specific circumstances and judicial discretion, which can sometimes deviate from the guidelines.

Modifying Existing Child Support Orders

A significant change in circumstances must be demonstrated to modify a child support order that was made within the last three years, such as an increase or decrease in income, job loss, retirement, a change in housing, medical, or childcare costs, or a change in custody arrangements or visitation schedule.

For orders older than three years, a modification may be warranted if the difference between the current order and the amount calculated using current guidelines and income information exceeds a certain amount.

The party seeking the modification bears the burden of proof that there was a significant change of circumstances, and the court has the discretion to determine whether that change is warranted.

What Can Be Done if Child Support Payments Are Not Being Made?

Once a court mandates child support payments, the parent obligated to pay, called the obligor, must fulfill their financial responsibility as outlined in the order. Failure to adhere to these payments can lead to serious consequences, including contempt of court charges and:

• Garnishment from the obligor’s income
• Seizure of personal assets
• Interception of tax refunds
• Driver’s license suspension
• Professional license revocation

Obligors who fail to comply with child support orders could face fines and imprisonment as well. North Carolina General Statute 14-322(f) outlines specific charges for willful abandonment of a dependent without adequate support.

A first offense is classified as a Class 2 misdemeanor, while subsequent offenses are considered Class 1 misdemeanors. The severity of Class 2 punishments depends on the individual’s prior criminal record:

• Level I: No prior convictions, up to 30 days in jail
• Level II: One to four prior convictions, up to 45 days in jail
• Level III: Five or more prior convictions, up to 60 days in jail

The severity of the Class 1 punishments include:

• Level I and II: One or fewer prior convictions, up to 45 days in jail
• Level III: Five or more prior convictions, up to 120 days in jail.

Protecting Your Parental Rights

We understand the emotional toll that child custody and visitation disputes can take on children and their parents. We believe that many of these disputes can be resolved amicably through negotiation, mediation, and other alternative dispute resolution methods.

If those efforts fail, our skilled Rowan County child support lawyers are prepared to provide strong advocacy in court. We have experience handling a wide range of custody and visitation issues, including:

• Questions about parental fitness
• Disputes over visitation schedules
• Denied visitation or violation of court orders
• Allegations of physical or sexual abuse
• False accusations of abuse
• Concerns about substance abuse
• Parenting plan modifications
• Other significant custody or visitation matters

Our team is committed to providing you with effective and compassionate legal representation. We can support you through this challenging process and fight for your parental rights in Salisbury, NC.

Contact Our Family Law Attorneys Today

Let Lancaster and St. Louis, PLLC be your advocate. We can provide dedicated legal representation to individuals and families throughout Rowan County. To schedule a consultation, contact us today.