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Child Support and Support Modifications

North Carolina law provides specific guidelines that are used to calculate child support when parents separate. Child Support is calculated using a variety of factors, including each parent’s income, childcare expenses, healthcare expenses, and any extraordinary expenses that may be relevant in your situation. If you and your spouse are not able to reach an agreement regarding child support, this issue can be addressed in court. Also, a child support obligation may be modified if either parent’s circumstances have changed significantly. While it is presumed that child support will be calculated using the North Carolina Child Support Guidelines, there are situations when the use of the guidelines would not be appropriate, and child support would be better calculated using other methods.

Regardless of whether you are seeking child support, or are being confronted with an unreasonable demand for child support, we are here to help.  At Mahlum Law Office, we are experienced in representing clients in child support matters throughout Wake County, and the surrounding areas.  Let us provide you with the legal advice that you need to get through this difficult time.

What if I my spouse refuses to pay child support?

If you are the custodial parent, and you are not receiving any child support, there are a variety of options to ensure that your children receive the support that they need. You may choose to petition the court to order the other parent to make monthly child support payments. In certain situations, the law allows for a parent’s wages or bank account to be garnished to ensure that a child support obligation is paid.

Who pays for medical and college expenses?

The law in North Carolina does not require that a parent pay for their children’s college expenses; however, a parent may agree to be responsible for these costs. In certain situations, these agreements may even be enforced by the court. There are many different options in dealing with uninsured and out of pocket medical expenses. They may be equally shared by each parent, or each parent may pay a portion of the expenses based on their respective incomes.

What if I cannot afford my monthly child support payment?

If you are having trouble meeting your monthly child support obligations, you may be eligible for a modification.  In North Carolina, you must show a “change in circumstances” in order to qualify for a modification.  For example, you may be eligible for a modification of child support if you are recently unemployed, have suffered a disability or illness, or have had a significant decrease in salary.  Also, a change in your custodial visitation schedule may qualify you for a child support modification.