Child Support

“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?

Published on: December 11, 2009 | On behalf of Arnold & Smith, PLLC

As we have discussed here before (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody), more working mothers are losing custody of their children. With these bad economic times, it is reasonable to anticipate that more and more people, moms and dads alike, are falling behind in their child support payments.

The term “Deadbeat Dad” has been in common circulation for years, what about “Deadbeat Mom?”

While the label “Deadbeat” might be fun to throw around about the other parent, especially when a parent is in dire need of the past due child support and is angry, it is my view that most people want to do the right thing and want to take care of their children financially.

Mecklenburg County Scrambling for Planned Child Support Enforcement Takeover

Published on: November 29, 2009 | On behalf of Arnold & Smith, PLLC

Recently, North Carolina’s Department of Health and Human Services’ Division of Social Services announced that the state will no longer be responsible for collecting child support payments from delinquent parties. In most North Carolina cases, child support is calculated according to the Child Support Guidelines. In the past, child support enforcement has always been a function of the state; however, North Carolina counties must assume responsibilities for collecting payments beginning July 1, 2010. The state will save approximately $4 million annually by cutting the enforcement program, which now serves 28 of 100 counties in North Carolina.

The North Carolina Congress established the Child Support Enforcement program in 1975 in order to ensure that parents are taking responsibility for the financial support of their children.

Child Support Enforcement agents work to locate non-custodial parents, establish paternity if necessary, and petition the court to order the payment of child support. Until now, the enforcement of a court order for child support has been the responsibility of the state. Under the new law, NC counties must present a plan to assume that job by January 1, 2010 – a deadline that is quickly approaching for some financially-strapped counties. Preliminary planning indicates that some NC counties plan to place the program under their local Department of Social Services’ umbrella.

In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody

Published on: November 23, 2009 | On behalf of Arnold & Smith, PLLC

A very common misconception regarding child custody stems from a real legal doctrine that was recognized by courts in the not-so-distant past: the tender years presumption. Under this judicial doctrine, a child of a “tender age” – typically, seven years old or younger – is presumed to need to stay in the custody of his or her mother, who is presumed to be the most fit parent to raise such an impressionable young child. Since 1994, there are no longer any states in the nation who recognize the tender years presumption; however, most states have replaced this standard with the primary caretaker presumption. The primary caretaker presumption relies on the assumption that whichever parent has been the primary caretaker before the divorce should be awarded custody of the child. This standard is presumed to be in accordance with the child’s best interest, as a custody award to a non-caretaker could be disruptive for the child. Child custody presumptions are favored by states as a preliminary method of informing parties about the likely outcome of the case, as the presumptions are only applied by the court when the custody battle is between two equally fit parents.

Seemingly, the primary caretaker standard feeds into the common misbelief that women are always awarded custody of their child over their deserving husbands’ protests. However, according to a recent study published in Working Mother Magazine, the custodial trend is shifting. In this difficult economy, men are experiencing a higher rate of layoffs – and subsequently, an increase in time spent as the primary child caregiver. Perhaps surprisingly, this study showed that fathers are awarded custody in court at least 50% of the time, a statistic that has doubled over the past decade. Although these statistics are certainly indicative of a much-needed increase in equality in custody determinations, the equally as fit parent who is not awarded custody of his or her child may wonder if the benefit of being the primary breadwinner outweighs the potential risk of losing primary custody.

Whether it comes as the result of shifting social views regarding equal parenting, or as the direct effect of an ill economy, we can certainly expect to see a continual increase in the number of men who are awarded primary or joint custody of their children.