When married parents divorce, or when unmarried parents are not living together, child support becomes an issue. Sometimes parents are able to reach an agreement on child support without the need to go to court. Other times, one parent may take court action to get the support to which their children are entitled. A child support case may be filed on its own, or as part of a divorce or other family law matter. A person who is not a parent, but is caring for a child, is also entitled to seek support from the child’s parents.
Connell & Gelb represents parents and others in establishing child support and in enforcing and modifying support orders if necessary. Attorneys Michelle Connell and Wes Gelb are board-certified in the practice of family law by the North Carolina State Bar and have decades of experience representing clients in even the most complicated child support cases.
North Carolina, like other states, has child support guidelines that are used to determine the appropriate amount of support in cases where the combined gross annual income of the parties is $360,000 or less. The guidelines take into account a number of factors, including:
In North Carolina, both parents are required to provide financial support for their children. The guidelines calculate the amount of support owed by each parent and offset these amounts against each other. That usually means that the parent with more physical custody of the children or with the lower income will receive child support from the other parent.
The result of child support calculations is only as good as the data used to make those calculations. All sources of income must be considered—and sometimes it is difficult to determine these sources. Connell & Gelb meticulously prepares for each child support matter to ensure that the support award is sufficient for the child’s needs, and is fair and reasonable for our clients.
For families with a combined adjusted gross income that exceeds $30,000 per month ($360,000 per year), child support is based on the child’s reasonable health, education, and maintenance needs. The calculation should take into account the assets, income, conditions, and accustomed standard of living of both parents and the child as well as other facts of the case.
There is a rebuttable presumption that the amount of support determined by the child support guidelines is correct. However, there are some circumstances in which application of the guidelines would not meet the child’s reasonable needs, or or might exceed them in a way that would be unjust. Either parent may ask the court to deviate from the guidelines or the court may decide on its own that a deviation is appropriate.
Michelle Connell and Wes Gelb have extensive experience dealing with child support in which parents have income exceeding the guideline amounts or which may require deviation. They prepare and present to the court the evidence needed to achieve a just result for clients and their children.
Like child custody orders, child support orders may be in place for well over a decade. During that time, parents may change or lose jobs, get promotions, or experience a cut in pay. Additionally, the needs of the children may change. In short, it often happens that a child support order no longer meets the changing needs of a family. Either parent may seek a modification of child support after three years if there has been a change in income of 15%, or sooner if there has been a “substantial change in circumstances” that would justify a modification of support.
Parents may also need to seek enforcement of an existing order. Connell & Gelb represents clients in enforcement of child support orders. There are multiple remedies for failure to pay child support, including income withholding, interception of income tax refunds, liens on property, and in some cases, jail time.
Attorneys Michelle Connell and Wes Gelb are committed to helping clients reach fair and reasonable child support agreements that work for their family. They are also experienced litigators with the capacity to effectively advance their clients’ interests in court if needed.
Connell & Gelb represents divorcing parents, never-married parents, and others in child support matters. To learn more about North Carolina child support law and procedure, contact Connell & Gelb to schedule a consultation.
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