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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Raleigh Divorce Lawyer

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
(919) 787-4811

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Rest well, Odis Stephenson. You were a bright light to so many of us lawyers in the courthouse—always encouraging, always kind. Thank you for sharing your stories about your family with us (we know your reunion with your beloved Lizzie must have been joyous). Thank you for reminding us that FAMILY is at the center of what we do at the courthouse and why we do it. You were a treasure to this community and a credit to the profession you so proudly served. ... See MoreSee Less

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Happy birthday to WFLG attorney Zach Underwood! In addition to being a talented lawyer, Zach is a Parenting Coordinator and mediator. You can read more about Zach at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/zach-underwood/ ... See MoreSee Less

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We are thrilled that 8 of the attorneys at Wake Family Law Group have been selected for inclusion in the 2023 North Carolina Super Lawyers List. Congratulations to:Mike Schilawski, Super Lawyers Nancy Grace, Super Lawyers, Top 100 North Carolina, Top 50 Women North CarolinaHelen O’Shaughnessy, Super LawyersKatie H. King, Super LawyersKelley Cash, Rising StarsMelanie Phillips, Rising StarsZach Underwood, Rising StarsCarly Baker, Rising StarsSuper Lawyers is a research-driven, peer-influenced rating service of outstanding lawyers who have attained a high degree of professional achievement and peer recognition. The annual selections are made using a multiphase process that includes peer nominations, independent research by Super Lawyers, and evaluations from a highly credentialed panel of attorneys. ... See MoreSee Less

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WFLG is also closed today and will re-open at 8:30 am tomorrow.Courthouses and court offices are closed today in observance of Martin Luther King Jr. Day.*Magistrate offices remain open 24 / 7. ... See MoreSee Less

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Congrats to WFLG partner Nancy Grace who was elected a State Bar Councilor for the Tenth Judicial District today. The Tenth Judicial District Bar holds eight seats on the North Carolina State Bar council. The Bar is governed by a 61-member council whose members are lawyers elected by the lawyers in their home communities, as well as three non-lawyer members of the council. The public’s interests are represented by three members of the council who are not lawyers and who are appointed by the governor and other elected officials. Bar Councilor terms are for three years, and they may serve up to three consecutive terms.Congrats Nancy! ... See MoreSee Less

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Flashback 2017 when the fountain outside the office froze over. The fountain was removed a couple years ago to make way for construction in that area of North Hills. ... See MoreSee Less

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Working on the weekend! Meet Arnie. His mom, Karen Gallagher, is the new Firm Administrator. #dogs #wflg #doglovers #doglife #pets #dogslife #doglove ... See MoreSee Less

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WFLG attorneys Carly Baker, Jake Terrell, Melanie Phillips, Rachel Beard, and Zach Underwood speaking about ethics today. #WCBA #continuinged #ethicspanel #speakingfromexperience ... See MoreSee Less

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We enjoyed having our friends from @wakefamilylawgroup hold their CLE Essentials: Family Law Ethics panel at our office this afternoon! Any thoughts on a good name for our hard-working Meeting Owl? 🦉 ... See MoreSee Less

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WFLG is pleased to announce that attorneys Nancy L. Grace and Katie H. King have been selected by their peers as members of “North Carolina’s 2023 Legal Elite” in Business North Carolina Magazine. Additionally, founding partner Mike Schilawski has previously had the distinction of being recognized in the Legal Elite Hall of Fame (2011), which is awarded to the family law attorney receiving the greatest number of votes from peers across the state. Hall of Fame members become ineligible for recognition on future annual lists. Since 2002, Business North Carolina Magazine has honored North Carolina lawyers by publishing the Legal Elite, a listing the state’s top lawyers in practice-related categories. ... See MoreSee Less

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