Wilmington Child Support Lawyer

No matter your family situation, your child deserves fair financial support so they can grow and thrive. Sadly, many Wilmington parents balk at paying child support after a divorce or ignore child support orders from the courts. Without help from a Wilmington child support lawyer, you may have trouble collecting the support you and your child deserve.

The Wilmington child support attorneys at Marshall & Taylor PLLC have decades of experience guiding North Carolina parents through these complex disputes. Whether you need help collecting child support or contesting an unfair order, our attorneys can provide the skilled representation you need. Firm founder Jeffrey Marshall is a board-certified family law specialist who can put his in-depth knowledge to work for you. We’ll handle all the legal work in your child support case so you can concentrate on your family. Call (919) 833-1040 now or complete our contact form for a confidential consultation.

Why You Need a Board-Certified Child Support Dispute Lawyer

A board-certified family law specialist has extensive experience and proven experience in North Carolina family law. The North Carolina State Bar awards this certification only to attorneys who meet strict requirements. Lawyers seeking this honor must have significant family law experience, pass a challenging exam, and receive positive peer reviews. This designation shows a lawyer has advanced legal skills and deep knowledge of family law cases, including child support disputes.

Hiring a board-certified lawyer means working with someone who deeply understands North Carolina’s child support laws. These specialized attorneys know how to calculate child support based on your income, expenses, and state guidelines. If a dispute arises, they can argue for fair payments, whether you are seeking or paying support. Their expertise helps you resolve conflicts with your former partner quickly, helping you avoid unnecessary stress and delays.

A family law specialist also handles complex issues like support modifications, enforcement, and interstate child support cases. For example, if one parent loses a job or relocates, a skilled lawyer can make sure support court orders reflect the new circumstances. If a parent refuses to pay, a family law specialist can take legal action to enforce payments. Their expertise can make a big difference in your child support case.

Which Parent Pays Child Support in Wilmington?

In Wilmington, the courts may require either parent to pay child support. The law does not automatically assign payments to the mother or father. Instead, the courts determine who pays based on custody arrangements and financial responsibility.

The parent with primary physical custody—the one the child lives with most of the time—typically receives child support. The other parent usually pays support because the custodial parent already covers most of the child’s daily expenses. These daily expenses include things such as housing, food, and clothing.

When both parents share custody, the court examines each parent’s income and financial contributions. If one parent earns significantly more than the other, they may still have to pay support. This principle helps ensure the child has the same standard of living in both homes.

In some cases, a noncustodial parent with limited income may owe little or no child support if the custodial parent has greater financial resources. However, the court’s primary focus is to make sure the child has enough support to meet their needs. Because child support decisions depend on many factors, working with a knowledgeable attorney can help parents understand their rights and obligations.

What Determines How Much Wilmington Parents Pay in Child Support?

North Carolina law outlines specific guidelines the courts must follow to determine if a parent owes child support. These guidelines also determine how much a parent will pay in support (if the courts determine they must pay it).

There are two key legal terms to know in Wilmington child support cases. The first is legal custody. Legal custody refers to a parent’s authority to make critical decisions for their child, such as where they’ll attend school. The other key term is physical custody (also called visitation). Physical custody refers to a parent’s right to spend time with a child.

With those terms out of the way, the three worksheets the courts use to figure out child support orders are:

• Worksheet A – This worksheet contains the formula courts use to determine child support payments when one parent has sole legal and physical custody.
• Worksheet B – Worksheet B applies in situations where both parents share physical custody of a child. The rules here apply regardless of whether the parents share legal custody of the child.
• Worksheet C – Finally, Worksheet C applies in situations involving multiple children in the same case when both parents have custody of at least one child. Because these cases involve multiple children and complex custody issues, Worksheet C is by far the most complicated of the three.

Within these three worksheets, some specific factors courts consider when making child support decisions include:

• The number of children needing support
• Both parents’ current income and future earning potential
• Both parents’ education and other job skills
• Whether the child or children have special needs
• Whether one parent has sole legal or physical custody of the child
• The cost of child care (if necessary)
• Whether either or both parents have any existing alimony or child support obligations

Common Issues in Wilmington Child Support Cases

Whether you are receiving or paying child support, disputes can arise that complicate the process. If you receive child support, one major issue is nonpayment. Some parents refuse to pay, make late payments, or only send partial amounts. If the paying parent falls behind, you may need to take legal action to enforce the order. Wage garnishment, tax refund interception, and even contempt of court charges are possible enforcement options in these cases.

Another challenge parents receiving child support may face is modifications. If your child’s needs change or the paying parent’s income increases, you may need to request higher payments. However, courts require proof of significant changes in your circumstances to modify child support orders. Without proper documentation, modifying an order can be challenging.

If you pay child support, you may struggle with unfair or outdated orders. For instance, if you lose your job, face medical expenses, or have new financial responsibilities, continuing to pay the same amount may become impossible. Courts allow support modifications in these circumstances, but you must provide evidence of a substantial change in your circumstances. Until a judge approves a change, you are still responsible for meeting your existing obligations.

Similarly, some paying parents also face disputes over spending. For example, you may worry that the other parent isn’t using your payments for your child’s needs. However, courts rarely track how parents spend their support funds. Instead, they assume the custodial parent uses the money appropriately. An experienced Wilmington child support attorney can help you gather evidence of how the other parent is spending your money.

Frequently Asked Questions About Wilmington Child Support Cases

Here are some common questions we receive about child support disputes in Wilmington, along with their answers:

Does a father automatically owe child support?

No, the courts do not automatically assign child support based on gender. Instead, courts determine support based on custody arrangements and each parent’s income. Either parent may have to pay support, depending on who has primary custody and is responsible for the child’s needs.

How long do child support payments last?

In North Carolina, child support usually continues until the child turns 18 or graduates from high school, whichever happens later. If the child is still in high school at 18, payments can continue until they graduate or turn 20, whichever comes first. Special circumstances, such as if a child has disabilities, may extend a parent’s support obligations.

Can I modify a child support order?

Yes, the courts can modify child support orders if a parent experiences a substantial change in circumstances. These changes include things like losing a job, a significant income increase, or changes in the child’s needs. A court must approve any child support modifications, and payments remain the same until a judge grants a change.

What if the other parent doesn’t pay their child support?

If a parent fails to pay child support, enforcement options include wage garnishment, intercepting their tax refund, a driver’s license suspension, and contempt of court charges. The receiving parent can request legal action through the courts or the North Carolina Child Support Enforcement Program.

How much does a Wilmington child support attorney cost?

The cost of hiring a child support lawyer varies depending on the case’s complexity. Simple cases may cost $2,000 to $5,000. On the other hand, contested cases or child support modifications can exceed $10,000.

Contact Our Wilmington, NC, Child Support Lawyers Now

No matter your situation, you have the right to a capable attorney who will defend your rights. The Wilmington family law attorneys at Marshall & Taylor can guide you through the legal process and fight for a fair support order. Call (919) 833-1040 now or reach out online for a confidential consultation.