Child Support

North Carolina Child Support Guidelines Changes – Pre-Existing Child Support Obligations and Responsibility for Other Children

Published on: December 31, 2010 | On behalf of Arnold & Smith, PLLC

In determining the amount of child support for other children, which amount will be deducted from the gross income for that obligor, only the amount being paid for ongoing child support will be deducted. Portions of payments which are being paid for arrears will not be deducted from that obligors gross income for the new calculation.

The committee recognizes that multiple family and multiple child situations can create complex calculation problems. The revised guidelines bold the previously language which indicates that such situations may be appropriate for a deviation from the guidelines. A clause was also added which indicates that is the best practice to, if possible, hear multiple cases involving the same party(ies) during the same court setting.

North Carolina Child Support Guidelines Changes – Income

Published on: December 28, 2010 | On behalf of Arnold & Smith, PLLC

There are several specific things which are now explicity excluded from “income“, they are:
1) Child support payments received on behalf of a child who is not a party to the instant action;
2) The employer’s share of social security and medicare payments;
3) Health, life or disability insurance premium payments which are paid directly to an insurance carrier and not withheld from wages; and

North Carolina Child Support Guidelines Changes – Self Support Reserve and High Income Cases

Published on: December 24, 2010 | On behalf of Arnold & Smith, PLLC

The official federal poverty level from 2009 is now the standard: $902.50 net per month or $999.00 gross per month. Now when using Worksheet A, other extraordinary expenses (in addition to payment for child care and health insurance coverage for the children) may be an adequate basis for deviating from the guidelines if the obligor’s income falls within the shaded area.

North Carolina Child Support Guidelines Changes – Retroactive Child Support

Published on: December 21, 2010 | On behalf of Arnold & Smith, PLLC

The revised North Carolina Child Support Guidelines will have a new section which addresses retroactive child support. The guidelines will allow for retroactive child support to be determined either by applying the guidelines formula or by consideration of actual expenditures of the custodial parent. If retroactive child support is determined by the guidelines formula, then the formula will be run with the variables (parties’ income, health insurance costs, work related childcare costs, and overnights) as they were on the first date for which retroactive child support is sought. For example, if the custodial parent is seeking retroactive child support back to January 1, 2009 then the formula would be run using the variables as they were on January 1, 2009.

North Carolina Child Support Guidelines Changes – Applicability and Deviation

Published on: December 17, 2010 | On behalf of Arnold & Smith, PLLC

The new North Carolina Child Support Guidelines will be applicable to all child support cases (or modification of child support cases) heard on or after January 1, 2011. There will now be a provision which explicitly indicates that they are applicable to actions brought under North Carolina General Statutes Chapter 50B (Domestic Violence Protective Order Actions). The provision addressing the guidlines’ applicability to retroactive child support will be removed and there will be a new section added which addresses this topic.

North Carolina Child Support Guidelines Updated

Published on: December 14, 2010 | On behalf of Arnold & Smith, PLLC

The North Carolina Conference of Chief District Court Judges is required by North Carolina General Statutes 50-13.4 to review the North Carolina Child Support Guidelines to ensure that they provide for appropriate child support judgments. The child support guidelines were last reviewed in 2006 so they were again reviewed this year.

Check out the North Carolina child support calculator by clicking here.

Alimony and Child Support Payments in the Public Eye

Published on: October 21, 2010 | On behalf of Arnold & Smith, PLLC

Although their divorce is finalized, the aftermath of the divorce proceedings still continues in the North Carolina Court of Appeals for NASCAR Chair Brian France and his ex-wife, Megan. Brian’s lawyers are making an unusual request – that the proceedings should be closed to the public and the couple’s divorce agreement should be kept sealed.

Court documents filed before the hearing reveal that the divorce agreement gives Megan France at least $40,000 per month in child care reimbursement expenses (including “governess payments”) and alimony, as well as a $9 million distributive award. Also according to these documents, Brian France has recently refused to make some of the required payments. Megan France also accuses her ex-husband of harassing her by hiring private investigators to follow her, and violating their agreement concerning the care of their children.

North Carolina Child Support and Gross Monthly Income

Published on: October 15, 2010 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals further refined, in a case of first impression, the definition of “gross monthly income” for purposes of calculating North Carolina child support. In this case, the North Carolina Court of Appeals addressed “gross monthly income” for child support calculation purposes. Two components of “gross monthly income” were evaluated by the North Carolina Court ojavascript:void(0);f Appeals:

1) Social Security and Medicare taxes employers are required to make on behalf of an employee.

On this issue, the Court of Appeals held that Social Security and Medicare taxes employers are required to make on behalf of an employee may not be considered income for child support purposes because these payments do not provide a parent with immediate access to funds that could be used to pay child support.

Charlotte, North Carolina Child Support Attorney – College Expenses

Published on: October 12, 2010 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals recently addressed, in an unpublished decision, whether a father’s lack of involvement in college choices relieves him of his responsibility to pay for college for the minor child. Under North Carolina law, the payment of college expenses is not required of parents as part of North Carolina child support. However, sometimes parents agree to pay for college expenses and include those provisions in their separation agreement.

Charlotteans Push for Changes in Child Custody Laws

Published on: July 8, 2010 | On behalf of Arnold & Smith, PLLC

Many Charlotte fathers – and a few mothers – are advocating for shared parenting time after couples divorce. A local group called Kids Need 2 Parents (KN2P) held a rally at Marshall Park on June 12 in an attempt to make “shared parenting” the presumed standard in custody law.

Although the current legal standard in child custody decisions is whatever arraignment is found to be “in the child’s best interest,” the President of KN2P, Sheila Peltzer, insists that the reality of custody battles is that the mother wins custody 85% of the time. Under KN2P’s proposed plan for shared custody, each child would start out splitting his or her time 50/50 between parents.

Members of KN2P believe that the Tender Years Doctrine, a common law theory that presumed that children of a young age are better suited to live with their mothers rather than fathers, is an unspoken bias in the law that remains today. They claim that children’s right to equal access to both parents is “the civil rights fight of this century.”