There are a couple of ways to get child support started in North Carolina. One way is through a private lawyer. The other way is through a process involving the state, and that is going through social services. When a party needing child support cannot afford to hire a private lawyer and needs to receive child support the state will assist them through the IV D Court program.
If I Have Custody, Do I Automatically Receive Child Support In A Divorce Case?
The simple answer is no. Child support is based on the guidelines. These guidelines take into account both parties incomes and the number of children that both parties have with each other and with others. Consideration is also given as to how many overnights each party has with the child or children in question.
If Both Parents Share Equal Custody, Does Anyone Have To Pay Child Support?
Once again, it all depends on what the guidelines say even if both parents share equal custody. The guidelines work with both parties’ incomes, the number of children, the number of overnights with each party, and various other factors including extraordinary expenses.
What Are The Most Common Issues That Arise In Custody And Support Matters?
Establishing child support, custody, and in some cases determining paternity, are the issues we face in these cases. One of the things we have seen recently has been grandparent custody cases. Generally in North Carolina, grandparents do not have any rights but grandparents can sue for visitation rights in certain limited circumstances. Many times grandparents seek to litigate these issues because they want to spend time with their grandkids and the parents are at odds with that visitation.
How Long Do Child Custody And Child Support Matters Generally Take To Be Settled?
Child custody cases can last days, months, even years. It all depends on the facts. In some cases, the parties can sit down and come up with an agreement that everyone is happy with and the case is over in a matter of days. In other cases, a lawsuit is filed but eventually gets resolved in mediation (this usually takes a few months). In other cases, where both parties are at odds and not at all amicable, the case gets litigated in court and can sometimes take years. It really all depends on the type of case and the tenacity of all those involved.
Why Is It Critical To Hire An Experienced Family Law Attorney For Child Custody And Support Matters?
It is important to seek an experienced family law attorney. The law is complicated enough as it is, and as a layperson, most people do not understand the rules of evidence, what can and cannot be said at a hearing, and what can or cannot be presented as evidence. These things are controlled by a series of rules. Judges will treat someone who is not represented by a lawyer just like a lawyer, if that person is representing himself or herself.
An experienced family lawyer will know which witnesses to subpoena and what kinds of foundations need to be laid for the admission of certain pieces of evidence (i.e. report cards, medical records, etc.) that a layperson is just not going to know.
For more information on Child Support In North Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling us today.