North Carolina Divorce Lawyers BlogIt’s hard enough to stay afloat when bills are piling up, much less with a possible jail sentence hanging over your head. When a family court orders payments that you cannot afford, it is natural to wonder what happens next. Continue reading →
Articles Posted in Child Support
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Can You Be Ordered to Pay Child Support After Losing Custody in North Carolina? (Part 2 of 2)
Our previous blog (linked here) gave the background on Sahana v. Fiscus, and discussed what constitutes income in a child support case. We conclude this blog with additional arguments from the mother and what this case could mean for your child support matter. Continue reading →
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Can You Be Ordered to Pay Child Support After Losing Custody in North Carolina? (Part 1 of 2)
Many parents assume that child support flows one way: from the parent who sees the children less to the one who has them most often. Continue reading →
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What Counts as Income in a North Carolina Child Support Case?
Many assume that money is only considered “income” if it comes directly via a paycheck. Other sources – be it a loan from a family member, money from selling a piece of property – surely don’t count when a court settles child support. Right? Continue reading →
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North Carolina Court of Appeals Reverses Child Support Modification Over Depreciation Findings
We will discuss the Mecklenburg County, o/b/o Herron v. Pressley case, and how the North Carolina Court of Appeals reversed a trial court order and modified the father’s child support obligation. Continue reading →
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When Is Wage Withholding Required for Child Support?
Child support enforcement in North Carolina often raises questions about wage withholding and when it is required, and whether the courts can allow alternative payment methods instead. As you will see in Price v. New Hanover County Child Support o/b/o Murray-Price, the North Carolina Court of Appeals has addressed these common questions directly. Continue reading →
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What Keith v. Keith Teaches Us About Child Custody Decisions
Family law cases are not decided in theory. They are decided based on real people, real finances, and real evidence. The North Carolina Court of Appeals case Keith v. Keith, 911 S.E.2d 371 (N.C. Ct. App. 2024) is a strong example of how courts evaluate child support when one parent controls their income and how important detailed court findings truly are. Continue reading →
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Using a QDRO to Pay Child Support Arrears After Participant’s Death
Qualified Domestic Relations Orders (QDROs) are used to divide certain retirement plans and award a portion of the funds to an alternate payee. QDROs are typically used as part of the distribution of assets and property in a divorce, and the alternate payee is typically a spouse or former spouse. However, there are other scenarios in which a QDRO may be used to give someone rights to a retirement plan as an alternate payee. Continue reading →
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What Sources of Income are Used to Calculate Child Support in North Carolina?
Regular employment income is not the only type of income that can be used to determine child support obligations in North Carolina. The state’s child support guidelines allow a variety of financial sources to be considered as income for support purposes, including salaries, wages, commissions, dividends, pensions, trusts, unemployment benefits, gifts, prizes, and self-employment income. Continue reading →
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Do Separation Agreements Have to be Incorporated into a Court Order to be Enforceable?
Separation agreements in North Carolina are intended to lay out agreed-upon terms for spouses going through a divorce, and they are sometimes seen as a placeholder until a final decree of divorce can be entered. While it is possible to incorporate a separation agreement into a final decree in North Carolina, it is not required, and some agreements are not incorporated. What happens if one spouse or ex-spouse violates the terms of a separation agreement that was not incorporated into the divorce decree? Continue reading →