Wake Family Law

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Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Family Law / How To File For Child Support

How To File For Child Support

November 16, 2021 by WFLG Attorney

We’re here to help answer your questions about child support. Below are some of the more common questions we hear.

Where to File Child Support

Child support is established by the entry of a court order or by a private agreement (contract) of the parties. To get a court order for child support, you need to file a Complaint (lawsuit) for child support. A claim for child support can be filed on its own or together with other claims such as divorce or child custody. Actions for child support must be filed in either the county where the parent or child resides or in the county where the child is physically present.

How is child support calculated?

Both parents are required to share the financial responsibility to support their child/children. Child support amounts are generally based upon the North Carolina Child Support Guidelines and factor in the parties’ gross monthly incomes, the number of children, health insurance and work-related childcare costs, extraordinary expenses, and the parties’ custodial schedule. In instances where the combined incomes of both parents are greater than $360,000 per year, the North Carolina Child Support Guidelines are not used, and instead, the court considers other factors such as the reasonable needs of the child/children.

What about past child support?

Child support that is ordered for a time before the complaint about child support is filed often called retroactive child support or “back support,” is not automatic. Retroactive support can be ordered when the custodial parent has made payments on behalf of a child before the child support complaint has been filed. In North Carolina, there is a three-year statute of limitation regarding claims for retroactive support. For example, if you filed for child support today, you can only seek reimbursement for payments made on behalf of the child from three years prior to today’s date.

Can a parent refuse to pay child support?

No. Once a judge has ordered a parent to pay an amount of child support, that obligation continues until terminated. Child support generally terminates when a child turns 18 (unless the child is still in high school, at which time it will extend to graduation—but not past age 20) or when a child is emancipated. Child support payments vest or are “owed” to the other party when they become due. For example, if a parent is ordered to pay child support on the 1st of each month, those payments are owed on the first of each month regardless if the parent actually pays those amounts. If a parent fails to pay child support in full, a judge may hold him/her in contempt for disobeying the court order. The longer a parent fails to pay child support, the more likely they will be found in contempt and may be subject to other penalties such as garnishment of wages or jail time.

Do you need help obtaining Child Support?

Obtaining and enforcing an order for child support can be a lengthy process and navigating it alone can be confusing. At Wake Family Law Group, we are here to assist you with that process or with advice regarding any other family law issue that may arise during this difficult time. Call our office at 919-787-4040 to set up a telephone consultation with one of our attorneys.

By Jake W. Terrell

Filed Under: Family Law

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Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
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Lucky #13!!!WFLG is thrilled to announce the 13th attorney has joined our team!Amy Brosnahan is a Raleigh native and recent graduate of Wake Forest University School of Law. She is a past volunteer with the Wake County Guardian ad Litem program and went to law school with the goal of practicing family law. Welcome to our work family, Amy! ... See MoreSee Less

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Learn more about annulment vs divorce situations and other North Carolina marriage laws with Wake Family Law Group.
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Congratulations to WFLG partners Mike Schilawski and Nancy Grace who have been included in the 2023 edition of The Best Lawyers in America in the practice area of Family Law. The Best Lawyers in America is a ranking publication that compiles lists of outstanding attorneys by conducting peer-review surveys. Congratulations! ... See MoreSee Less

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Wishing the happiest birthday today to WFLG attorney, Jake Terrell! 🎉🎉🎉You can read more about Jake at: https://wakefamilylawgroup.com/family-law-divorce-attorneys/jake-w-terrell/ ... See MoreSee Less

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We are pleased to announce that Wake Family Law Group has promoted Rachel Beard and Melanie Phillips to the position of Partner. Their exceptional expertise in North Carolina family law and dedication to serving our clients has earned them this well-deserved recognition. We congratulate Rachel and Melanie on this milestone achievement and look forward to their continued contributions to our firm. Read more here: https://bit.ly/3CLICYt ... See MoreSee Less

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WFLG is also closed today in observance of Memorial Day.Courthouses and court offices will be closed on Monday, May 29 in observance of Memorial Day. *Magistrate offices remain open 27/7. ... See MoreSee Less

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