Navigating North Carolina Child Support Enforcement: What Parents Need to Know
In any divorce involving children, child support and child custody are two of the most important issues that parents will have to resolve. Most parents want the best for their children and have the best intentions. Even so, finding solutions to these issues can be challenging at times, especially because emotions are often running high.
When solutions are reached, however (whether through agreement or court order), it’s essential to abide by the terms of those solutions. Sometimes, there may be situations where this becomes difficult. In some circumstances, one parent may pay less child support than they are supposed to – or they may not pay at all. What happens in these cases? Let’s take a closer look at North Carolina child support enforcement and how the law applies.
How Is Child Support Calculated in North Carolina?
In North Carolina, there are two primary ways of reaching a decision on child support.
- Agreement Between Parents
The first is by agreement. In many instances, this is often the preferred method of addressing the issue. Doing so gives the parties the freedom and flexibility to address support matters in a way that fits their lives and works with their budgets. After all, no judge, even a well-intentioned one, will know your family and lifestyle better than you do. Moreover, entering into an out-of-court agreement can save time and avoid additional expense and stress. - Court Decision Based on Guidelines
In some cases, however, the parties simply cannot reach agreement on what child support amount should be paid. In those instances, it may be necessary for a court to render a decision instead. When addressing child support issues, North Carolina courts will typically rely upon the North Carolina Child Support Guidelines in making that decision. Once the court renders a decision, it is binding on the parties until and unless it is later modified. Try a free, online child support calculator for an estimate for your unique situation.
Regardless of how you reach a decision on what child support amount will be made, once the decision has been reached, it is essential to make the payments in the full amount and on time. Failing to do so can have a number of legal repercussions that are best avoided.
What if You Can’t Afford Payments?
You’re not alone. Life Happens.
You may be reading this article as a parent who is having difficulty paying support. If so, you should know that you aren’t alone in your situation. Life happens, and sometimes, difficult financial circumstances can arise. Perhaps you’ve lost a job. Maybe you’ve received a challenging medical diagnosis, and the treatment bills are mounting up. It could be that you find yourself in a situation where you have to care for a parent or another ailing relative. Any number of situations can create a great deal of financial trouble in very little time.
That said, ignoring child support payments is not the solution.
If you find yourself in one of these situations, however, you should know that simply refusing or failing to pay the support without communicating or making an effort to resolve the situation is likely not the best option. In North Carolina, a parent does have the option to seek a modification of child support. As a general rule, child support orders can be modified after three years or in cases where there has been a “substantial change in circumstances.”
Can Child Support Amounts be Modified?
Yes! In North Carolina, you can request a modification after 3 years or if there has been a substantial change in circumstances. You have a couple of options for how to do so –
Work It Out Together
If you are a party seeking a modification of child support because you find yourself in a difficult financial position, you may have the type of relationship with your spouse where you can discuss the issue and come to an agreement. If so, that is usually the ideal course of action in order to avoid the time, stress, and expense of involving the court.
Sometimes, those having financial difficulty simply stop paying and don’t talk to their ex-spouse because they feel embarrassed or believe their spouse won’t be receptive. The truth, though, is that you don’t know until you try. It’s possible, depending upon the circumstances, that your spouse will be willing to enter into a modification of your existing agreement. At the very least, it’s worth making an effort. If no agreement can be reached, you still always have the option of going to court.
Go Through Court
Typically, in order to seek modification in cases where the parties cannot agree on their own, the party requesting the modification will need to file a motion with the court. The parties will present evidence regarding why they believe that modification either is or isn’t necessary. The judge will then hold a hearing on the motion to modify and render a decision. At that point, whatever consequence has been assigned to the non-paying spouse will be carried out, and hopefully, past due payments will be made and future payments ensured.
Tip: Proactively seeking modification is always better than falling behind on payments.
What If You’re Not Receiving the Support You’re Owed?
It’s understandably frustrating and stressful – especially when you rely on those payments to care for your children.
Without question, if you believe you cannot pay child support as ordered, seeking a modification rather than defaulting is the best option. But what happens when you are the person being defaulted on? What happens when your ex-spouse refuses to make the payments that you are owed?
Legal Repercussions When Payments Are Missed
Fortunately, there are options for North Carolina child support enforcement to ensure children receive the support they’re owed. Child support is intended as exactly that – support for your children, and especially after a divorce, financial matters are already often stressful. The last thing you need is to worry about how you’ll continue to care for your children without the money you need. Here’s what you can do:
If your local Child Support Enforcement agency represents you, you can contact your assigned caseworker.
However, if CSE does not represent you, you should contact a knowledgeable and experienced attorney who can help you file a Motion for Order to Show Cause.
A Motion for Order to Show Cause may sound like a complex term, but basically, it means that you are requesting the court to enforce your child support order. In essence, the court will ask the spouse who is not paying child support to “show cause” or explain why they are failing to make the payments.
Once the case comes before a judge, that judge will have a number of options available to address the parent’s failure to pay child support as ordered. Depending upon the circumstances and the severity of the underpayment, consequences could include a warning, the withholding and garnishment of wages, or even time in jail.
Keep in mind, the goal is to ensure your child receives the support they deserve.
When You’re Ready, Call The Law Office of Dustin McCrary
Divorce is a journey – and sometimes, it can be a long one, full of unexpected twists and turns. On any complicated journey, you need a guide. You need someone who has traveled the path before and can help you reach your destination smoothly and successfully. At The Law Office of Dustin McCrary, we’re here to do exactly that. We’ve helped many clients navigate North Carolina child support enforcement issues, whether they’re seeking modifications or trying to recover missed payments. We’re passionate about helping each and every client we serve, and we’ll help you find solutions and hope for a better chapter ahead. If you’re ready to get started, we’re here for you. Give us a call today. We look forward to speaking with you soon.