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 Tagged with child support lawyer
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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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Are Alimony and Child Support Payments Tax Deductible?
Tax season for the 2024 tax year will come to a close for most people in the next month. Filers who make regular support payments to ex-spouses or children may wonder whether these payments are deductible on their federal taxes. Alimony is typically deductible while child support is not, but the process can be complicated, as the case of Rojas v. Commissioner shows. Continue reading →
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Business and Childcare Expenses in Calculating Child Support
Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count towards this calculation is crucial to assure you are in the best position in these proceedings.
But can these calculations include expenses like private school tuition and business expenses? Continue reading →
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Can a Non-Parent Be Required to Pay Child Support in North Carolina?
There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support.
A recent Court of Appeals case dealt with this issue, stating that, in the absence of a parental relationship and a formal, written agreement, a non-parent cannot be made to pay child support. Continue reading →
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What is Imputed Income in North Carolina Child Support Cases?
North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations.
However, imputed income is sometimes calculated in select cases. Imputing income occurs when the court uses earning potential to calculate support amounts. Most often, courts impute income when one parent is underemployed or underearning and acts in bad faith to avoid paying support. Continue reading →
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When Does a Decrease in Income Justify a Modification of Child Support in North Carolina?
Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Continue reading →