North Carolina Divorce Lawyers Blog

Articles Posted in Child Support

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North Carolina allows divorcing parents to agree on their own terms for child support payments, but more often parents rely on the court to make a determination. Continue reading →

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Jackson v. Jackson, 2021-NCCOA-614 (2021)

  1. Facts: Mother and Father had an unincorporated child support agreement for their three children. Custody was shared between the parties. Later, one child aged out. Mother then relocated, and one child moved with her. The other remaining minor child moved in with Father. For this period, Father sought temporary child support and termination of his previous child support obligation because of the change in custody situation. Mother then filed a breach of contract for Father’s lowering and subsequent cessation of child support payments. At trial the court considered Father’s bonuses and commissions as part of his income. His base salary was $58,000, but he testified that he expected to get commissions even though he had not yet received any. The court found that father’s income was $71,000 annually.

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Child support calculations use multiple factors to determine an appropriate amount of support. Perhaps the most significant of these factors is the income of both parents. When parents have salaried jobs or work for an hourly wage, these calculations are fairly straightforward. But for parents who own businesses or have self-employment income, determining child support can become complicated. Continue reading →

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In the realm of celebrity divorces, Halle Berry’s recent settlement with ex-husband Olivier Martinez offers some interesting insights, especially for high-income mothers in Greensboro facing similar circumstances. As Greensboro divorce attorneys, we observe such high-profile cases not just for their star power, but for the legal precedents and insights they offer.

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When parents are divorced or no longer together, child support is a way for the non-custodial parent to contribute to the reasonable needs of the child. It may seem relatively straightforward, and in many cases it is. However, child support can become a complex issue because so many factors are used to determine the arrangements.

Factors in Child Support Determinations

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Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →

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Clute v. Gosney, 2023-NCCOA-______ (2023).

  • Facts: In 1994, a couple got married and had two children. In 2006, they separated due to irreconcilable differences. On April 5, 2006, they entered into a separation agreement to settle their marital and property rights. The agreement included provisions for child support, the right to enforce the agreement through legal action, and a clause stating that the agreement would not be incorporated into a divorce judgment. The agreement was signed under seal and notarized. In April 2022, the wife filed a complaint in Mecklenburg County District Court, alleging breach of contract and, in the alternative, seeking child support based on North Carolina Child Support Guidelines. She claimed that the husband had violated the agreement by reducing child support payments unilaterally and failing to fulfill other obligations, such as medical expenses, insurance coverage, and college expenses for their son. The wife requested specific performance of the contract, attorney’s fees, and retroactive child support. In response, the husband filed a motion to dismiss under the North Carolina Rules of Civil Procedure. In August 2022, the trial court granted the husband’s motion to dismiss, denied the wife’s request for attorney’s fees, and dismissed her complaint with prejudice. The wife appealed this decision.

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When it comes to family law matters, service members face unique challenges due to the nature of their duty. The Servicemembers Civil Relief Act (SCRA) plays a crucial role in ensuring that the rights and responsibilities of military parents are protected during legal proceedings related to child custody and support. Continue reading →

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