How do I determine the amount of child support I should pay or receive?
Child support is typically determined by the North Carolina Child Support Guidelines. The North Carolina Child Support Guidelines include three separate worksheets to help determine a party’s child support obligation. These worksheets vary depending on custodial schedules:
- Worksheet A is used when the custodial parent has more than 243 overnights per year with the child/children.
- Worksheet B is used when the non-custodial parent has more than 123 overnights with the child/children.
- Worksheet C is used for split custody, or when each parent has one or more children with him or her primarily.
The North Carolina Child Support Guidelines calculate the monthly obligation by using each parent’s gross income. Extra expenses such as work-related child care costs, health insurance and extraordinary expenses (e.g., expenses related to private school that meet a child’s particular needs) are also added into the equation. The guidelines are presumptive, and, in certain instances, the guideline amount may be less or more than the amount a party should be paying.
How do I demand child support? How do I pay child support?
Child support may be paid through an agreement between the parties or through order of the court. To obtain a court order, a complaint for child support must be filed. You should always keep receipts of all payments made to the other parent.
Do I have to pay child support if the other parent won’t let me see the child?
Yes. Child support is a completely separate issue from child visitation. You must continue to pay child support even if you are prevented from seeing your child. By the same token, the other parent must continue to allow you to see your child even if you have failed to pay child support. If the other parent refuses to let you see your child, you may have to file a court action for custody and visitation.
How long do I have to pay child support?
Child support payments are typically paid until a child graduates from high school or reaches age 18, whichever occurs later. Child support payments may be extended until age 20 if a child is making successful progress toward the completion of a high school degree.
Are child support payments tax deductible?
Who may claim the Federal and State dependency exemptions?
Generally, the parent with whom the child resides primarily may claim the exemptions. However, the parties can agree otherwise and may agree to alternate the exemptions on a yearly basis or permit the parent who will benefit more from it to claim the exemptions. In addition, the Court may assign it to the non-custodial parent.