Will You Have to Pay Child Support Before Your Divorce?

Child-related issues like custody and support play a big part of any divorce between parents. However, in some cases, parents must pay child support before the divorce is even filed. Find out what to expect, how much you might pay, and when you will need to start paying child support.

What is Child Support?

In North Carolina, both parents have a legal obligation to support their minor children. Child support is calculated to meet the children’s reasonable needs for their health, education, and maintenance. The goal of every child support order is to put the children in the same position as they would have been if their parents were still married and living together. In most cases, if you were the primary wage-earner in your household, you will have to pay child support through the North Carolina Child Support Enforcement Agency (CSE) until each of your children turn 18 years old or graduates from high school, whichever event occurs later.

Can a Parent Seek Child Support Without Filing for Divorce?

Child support laws in North Carolina apply to more than just divorce. Any parent or custodian of a child can seek child support from the child’s parents, even if they were ever married.

North Carolina law requires parties to live separately for at least a year before they file for divorce. When parents separate in anticipation of a divorce, one parent typically earns more income than the other parent. The amount of child support that is to be paid according to the guidelines is dependent on the parties’ income, the number of overnights with the children, as well as other expenses such as health insurance and work-related day-care expenses. The parent who earns less income than the other parent or spends more custodial time with the children frequently needs help giving the children the same level of support and comfort as they were used to before their parents separated. When that happens, they may ask the non-custodian spouse to pay child support before the divorce is filed, either through a separation agreement or when filing a complaint for child custody

Four Ways to Resolve Child Support Issues

Not every family needs to go through a child support trial. There are several ways you and your divorce attorney can arrange child support during your separation period, or after the divorce has been filed:

As part of your family’s separation agreement
A Voluntary Support Agreement signed by both parties and a judge, which is enforceable by the court
Through the CSE
By filing a formal civil complaint for child support in North Carolina District Court

The North Carolina Child Support Guidelines generally set the amount of support that should be paid based on a family’s financial circumstances. That means, unless there are questions about how much one party earns or how custody will be divided, you may be able to resolve your family’s child support without going to court.

How Much Will You Have to Pay for Child Support in North Carolina?

The amount of child support you will have to pay depends on several factors:

The number of children you are supporting
Both parents’ income
Your custody arrangement
Work-related childcare costs
Health insurance and out-of-pocket health care costs
School tuition or expenses

For most families, the North Carolina Child Support Guidelines apply these values to one of three worksheets:

Worksheet A when one parent has primary physical custody of all the family’s children
Worksheet B when both parents share custody of all the family’s children (or where one parent has primary physical custody of at least one child and shared custody of another child)
Worksheet C when the parents split primary physical custody of the family’s children

These worksheets create a child support amount that must be entered by the court unless it either doesn’t cover the child’s actual needs, or would be unfair or inappropriate for either parent. However, the Child Support Guidelines only apply to families making up to $360,000 per year (or $30,000 per month). In high-income cases, it is up to the judge to determine the proper support amount.

Get a Fair Child Support Order

Determining the correct amount of child support can be increasingly challenging for self -employed individuals or those who do not receive a W2. There are a number of tax deductions self-employed individuals can take for determining their income for tax purposes, that they are not able to take in determining their child support obligation. At the Cox Law Firm, our experienced and compassionate divorce attorneys understand how the North Carolina Child Support Guidelines work, and what to do when they don’t make sense for your family. Even before you file for divorce, we can help you get the child support you need or avoid paying more than you should. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.