According to Raleigh law, the amount of child support is established using the child support guidelines that runs the income, expenses, amount that each party is currently paying, and what they should pay based on their income and lifestyle. Custom arrangements could also influence child supports. Speak with a dedicated child support attorney to learn more about awarding child support in Raleigh.
Special needs influence child support. This is because children who have recurring expenses that would not change in the next three to five years the court may include those expenses. For instance, if there is a medical condition that does not have a likelihood of improving, the medical expenses would continue until the child hits the age of 18 and courts would likely include that.
The courts would not include therapy if it would end next week, in two weeks, or within one year, since it is not long-term in many cases. The courts would give a prorated share. They may not put it in the child support calculation, but they may say that each parent pays their proportionate share of things like counseling, prescriptions, and optometry.
Child support is awarded in Raleigh when both parents do not pay an equal share of the child’s expenses. There are some cases where the parents make the same amount of money, they pay half of daycare, they contribute to health insurance, and it is a wash so no child support. If there is a disparity between somebody’s income or how many expenses they pay on behalf of the child, child support would likely result.
Awarding child support in Raleigh is determined by the court looking at the guidelines and running that to set up the presumptions. The presumptions could be rebutted by additional evidence if the child has extra expenses or has a higher lifestyle than what their child support allows. High earning individuals would use the presumptive guidelines and deviate from those if there are other factors.
Child support is paid by paying the other parent or third party vendor, like a daycare provider. Child support payments last until the child is no longer in a parent’s custody, they age out of child support, or they become emancipated.
Anyone with a child is eligible for child support in Raleigh. If the guideline shows that they receive it, the guideline determines who pays and who receives the money. Circumstances in which eligibility might change include if custody changes from one parent to the other or if the child becomes emancipated.
The role that fault plays in child support determination is if a person has the means to pay child support but refuses to pay. There have been cases where one parent makes more than the other parent and still refuses to pay child support. The judge finds fault with that and awards attorney fees. Recognition of fault in the dissolution of marriage does not impact child support determinations.
Some problems that could potentially arise in court when a child support case is highly contested in Raleigh include fighting over how many overnights they get. Until a custody agreement is in place, it is hard to contest determination child support. The courts look at what the actual child support is, for instance, the actual overnight versus what the parents agreed to in the custody order. Usually, custody needs to be determined to determine child support.
Evidence that an attorney would use to determine appropriate child support payments in court includes any income information. They may even use a financial affidavit to determine child support to show the standard living of the child, expenses of the parent, and lifestyle that they lead at that person’s house.
They could also use business records to show income for a self-employed person along with health insurance records, daycare expenses, child care expenses, and the calendar with the number of overnights. For help with gathering evidence or for more information about awarding child support in Raleigh, contact an attorney today.
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