Custody & Child Support

 "My Child" is a statement we  hear fairly often when discussing responsibilities and needs of a child.

In North Carolina, it’s not presumed one parent is better suited to care for the children over others. In fact, the law presumes each parent is equally capable of caring for a child. Custody can be negotiated in a separation agreement, but ultimately, a court’s order is the only custodial arrangement that when push comes to shove, will be held up by law enforcement and the court.   

Child Support is not the right of any particular parent. Child support is the right of the minor child to be supported by both parents. 

With that in mind, it’s significantly impacted by the number of overnights with each parent. North Carolina utilizes three (3) different worksheets to determine that obligation. These worksheets can be found online and for the most part, are a plug and play formula. 

However, like all things in family law, facts and circumstances unique to each case can impact the numbers on those worksheets. For instance, the court can impute income to a parent if there is a concern they’ve purposely suppressed their income. On the other hand, if the worksheet produces a number that is too high for the paying parent, there are arguments and reasons to reduce that number on the worksheet. 

Without arguments based in the law and logic, the Court presumes that the worksheet amount is sufficient to cover the needs and expenses of the minor child, and can be afforded by the paying parent. 

If you are dealing with a child support matter, make sure to speak with an attorney to ensure the accuracy of the worksheet before it’s entered as a court order.

There are multiple ways to arrange a custodial schedule from alternating placement every day, to a week on/off schedule, to school year/summer placement and only about a million others.  Generally, a court prefers parents work out the schedule because, well, no one knows the child better than the parents.    

Therefore, parents are required to go to court ordered mediation before ever stepping foot in the courtroom. When coming up with an arrangement, it’s important to consider multiple things such as vacations, holidays, spiritual preferences and medical decisions.  

An experienced Family Law attorney can assist you in working through hypotheticals to limit the number of future issues that may arise.