Generally, the father and mother (natural or adoptive, unmarried or separated) are jointly liable for the support of their child. A parent’s legal obligation to support his or her minor child may not be waived, released, or contracted away.
North Carolina’s child support guidelines are based on the “income shares” model, the leading model in the United States. The income shares model is based on the concept that the percentage of a noncustodial parent’s income paid for child support should be the same as the percentage of both parents’ combined income that would have been spent for the child’s care and support of the child if both parents were living together as a single-family. The actual gross income at the time the child support obligation is determined, minus adjustments, determines which parent is responsible to pay child support.
Factored into the calculation are the number of children, their ages, accustomed standard of living, earnings of each parent, and relative ability for each parent to support the children.
Often, the presumptive guidelines do not accurately reflect the needs of the children and an attorney is necessary to assist a party in obtaining child support in an amount that deviates from the guidelines. Or, a parent’s voluntary unemployment or underemployment in efforts to suppress income can be overcome by imputing income to that parent.
Waple & Houk attorneys will help ensure that your children’s financial needs are a priority. Our attorneys assist clients in providing the evidence necessary for the Court to impute income to the parent who is acting in bad faith.
Our family law attorneys will also help to ensure that you are receiving the child support, whether it is through the procedure for an initial child support order, a voluntary support agreement, a modification of an existing order, or by judicial proceedings to enforce an order.
We understand that being a parent is one of life’s most challenging yet rewarding jobs and we will work to ensure accuracy in the child support determination so that your child is receiving the support needed to meet their specific needs and lifestyle.
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