Charlotte Child Support Enforcement Lawyers
Providing legal support when North Carolina parents don’t pay
Part of the responsibility of having a child is providing support for their food, shelter, education and medical care – whether you’re the mother, the father, whether or not you have custody or whether or not you were ever married. No family should ever have to struggle to make ends meet because the non-custodial parent isn’t paying child support.
If the parent of your child isn’t making regular and consistent child support payments, the negative impact on your child can affect all areas of their life. The Charlotte family law attorneys at Epperson Law Group, PLLC can work with you to collect the child support owed to you, taking the legal action necessary to continue providing the best life possible for your child. Contact us today.
How is child support calculated in Charlotte?
When determining child support, the courts use the North Carolina Child Support Guidelines. To make these calculations, they’ll generally use these factors:
- Each parent’s gross monthly income
- The child’s monthly health insurance premium
- Childcare costs
- Any other children at home or any other child support payments
My ex won’t pay child support. What can I do?
Divorce or separation, in theory, should never affect the well-being of a child – especially regarding their basic needs. Child support is one of the most important parts of a court-ordered divorce agreement, as it centers around the needs of a child. When a non-custodial parent doesn’t hold up their end of the agreement and fails to pay child support, there are a number of legal remedies available to the parent with primary custody.
According to North Carolina G.S. Chapter 50-13.1, they may:
- Be held in contempt of court
- Be prosecuted for failure to pay child support
- Be arrested and jailed
- Have their driver’s license suspended or revoked
- Have their tax refunds intercepted
Can I get my Charlotte child support through wage garnishment?
Yes. Here in North Carolina, wage garnishment is a common way to collect child support. Also called wage deduction, child support payments are taken directly out of the parent’s paycheck. Our child support enforcement attorneys can help you obtain what’s called a “writ of execution” from the court, which contacts the parent’s employer – directing them to take a portion of the parent’s paycheck so you can receive it for child support.
You may also be able to reach across state lines to take legal action against an ex-spouse who owes back and current child support. Talk to us about your legal rights. If you owe back child support and are concerned about the legal ramifications, we can also provide guidance.
Can I get my Charlotte court order changed if I can’t afford my child support?
We understand that the national economy hasn’t been easy for everyone lately. Many people have been laid off, lost their homes or are underemployed. It’s true that some parents refuse or fail to pay child support out of a sense of revenge or a simple lack of responsibility – but sometimes a parent may no longer have the means to meet their original child support requirements.
Perhaps you lost your job, suffered an accident or have become disabled. With significant life changes like these, you may be eligible to petition the court for a modification of child support. The North Carolina Child Support Guidelines state that it must have been three years since your most recent child support order was entered. You must have a difference of 15% or more between the amount payable in your existing order and the amount you’d be ordered to pay under the current guidelines and your current income.
Understand that if you stop paying your child support, even if you have undergone a significant material change of circumstances, you can be held in contempt, subject to wage garnishment, or even be sentenced to jail time. The court expects you to keep up your end of the bargain as it has been ordered. To change the amount you pay, you must seek legal modification of that order. Do not simply stop paying your child support; contact us, and we can help you through the modification process.
It’s important to remember that most courts won’t honor agreements where a parent is relieved from providing child support, or where a parent waives child support in return for a lump sum. We can guide you in building a child support plan that works for you and your child.
Can I withhold visitation if my ex doesn’t pay child support?
No. Child support and visitation are completely separate, and one doesn’t affect the other. This means that a non-custodial parent can’t stop paying child support if the custodial parent is denying visitation – and the other way around also applies. This law protects both parents, to make it clear that neither can withhold visitation or child support to manipulate or punish the other.
Can I get retroactive child support?
Under North Carolina law, once a child support order is entered, it’s not subject to retroactive modifications. However, if there hasn’t been a child support established yet, the custodial parent is eligible to recover child support retroactively from the non-custodial parent for the past three years.
Skilled Charlotte child support enforcement lawyers
The family law attorneys at Epperson Law Group, PLLC can help you navigate through the child support enforcement process, whether you are seeking child support owed to you or if you are in arrears on child support. Our legal team is dedicated to protecting your rights and working the best interests of your child. You’ll find our offices right off Exit 57 from I-485. To reserve a consultation with one of our lawyers in Charlotte, Boone, or Weddington, please call 704-321-0031 or fill out our contact form.