North Carolina Divorce Lawyers Blog

Articles Tagged with Child support

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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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Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from a previous marriage. Initially, they lived together with the children in North Carolina. Their relationship ended in January 2017, and Defendant and her two children moved to an apartment while Plaintiff stayed in their property. Despite the separation, they shared custody of R.J.M., with Plaintiff covering most of Defendant’s living expenses and expenses related to all the children. Actions commenced in December 2018 when Plaintiff filed for child custody, child support, attorney’s fees, and alternative dispute resolution. Defendant responded with a complaint for various matters, and the cases were consolidated. Temporary child custody orders were issued in March and July 2019, followed by a permanent child custody order in May 2021, granting shared custody on a rotating schedule. In May 2022, the trial court issued a child support order, and in June 2022, Defendant’s attorney filed for attorney’s fees. In August 2022, the trial court ordered Plaintiff to pay for some of defendant’s legal expenses. Plaintiff appealed.

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Divorce is rarely simple, and when children are involved the complexities can intensify. Child support is one of the most critical aspects that parents need to consider during the separation process. A recent North Carolina case, Bishop v. Bishop, sheds light on some crucial issues that can arise in child support matters, especially for high net-worth parents. Continue reading →

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Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

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All parents of minor children are responsible for financially supporting their children. Parents whose rights have been terminated and parents who are under 18 years old are exceptions to this rule in North Carolina.1 While support may be required by one parent in most custody arrangements, the law does acknowledge that adjustments may be necessary as circumstances change.   Continue reading →

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Approximately two months ago, Kevin Costner’s soon-to-be-ex-wife, Christine Baumgartner, filed for divorce. It appears the fight between the two is just getting started. Costner has received numerous accolades throughout his acting and producing career and is most recently known for his role as John Dutton on Yellowstone. Baumgartner is a handbag designer. The couple have three children together aged 12, 14, and 15. Continue reading →

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An award of child support is intended to balance the financial contribution of the custodial and non-custodial parents, but biological parentage is not required to receive child support. North Carolina child support law allows any person providing care for a minor child who is living in their home to receive support[1]. Parents must provide support for their children unless their rights have been terminated, and non-parents are only responsible for paying child support in limited circumstances.

If a child support order already exists, you can request that it be changed. However, you must be prepared to show that your modification request is justified.

How to Modify Child Support

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Child support is an important aspect of providing for the needs of a child after a separation or divorce. It is essential for both parents to contribute to the financial needs of the child, and the state of North Carolina has established guidelines for determining the amount of child support to be paid. The calculation of child support is based on several factors, chief among them is the parent’s income, earnings, and relative ability to pay.  Continue reading →

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In most cases here in North Carolina, child support has been reduced to an equation based upon guidelines that have been approved by the state. It is much like filing taxes—there are inputs for each parent’s income, the number of children, and the custodial schedule. Schedules are then used to determine the obligation for support. There may be certain line items that add or subtract from one parent’s obligation. In some circumstances, the court (or a parent) may see fit to depart from the guidelines, in which case a separate set of standards is used to calculate support; this is called deviation. In these cases, the actual expenses for the children are factors in determining the support obligation. Actual expenses are not typically part of the formula in guideline cases. However, there exists one category in the guidelines that does account for expenses. It is called extraordinary expenses. Continue reading →

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As the son of President Joe Biden, Hunter Biden has been under intense scrutiny for his personal and professional life. One aspect of his life that has received a lot of attention is his child support payments.

Hunter Biden has fathered five children with three different women. His first child was born in 1993 with his ex-wife, Kathleen Buhle. The couple divorced in 2017, and Hunter was ordered to pay $37,000 per month in child support and alimony. Continue reading →