Common NC Child Support Questions


NC Child Support Questions

Child support is in the best interest of your child or children. It provides for needs such as education, health, food, and clothing. Child support can be a complicated issue for the parents. People often have various questions surrounding payment that are not easy to solve. Here are some common NC child support questions.

Can my spouse avoid child support by quitting his job? 

Voluntary or involuntary unemployment does not suspend a parent’s obligations under a child support order. Child support payments are established by a court order. Only a support order modification can reduce or eliminate the obligation. If a spouse unintentionally lost their job due to a layoff, due to health, or the care of a family member, the courts may be inclined to reduce the payments. If the spouse voluntarily leaves a job, this could be interpreted as manipulating the system. In this case, the judge could impute the spouse’s income. The judge can assign a value to what the spouse should make. Quitting may buy some time, but the responsibility will still be present.

Am I taxed on the child support I receive?

Besides child support, taxes are another very complicated subject. When it comes to child support, it is not as complicated. The person receiving the child support is not taxed nor can this person claim it as a tax deduction.

Do grandparents have an obligation to pay child support?         

Grandparents are not obligated to support a grandchild or grandchildren. The exception is if the grandparents are standing in loco parentis, or in the place of the parents. This places the grandparents under a legal responsibility to care for the child. Even in this case, any child support obligation from the grandparents is secondary to that of the parents. The natural parent still carries the primary obligation to care for the child or children. If a court order establishes that a grandparent must pay child support for a grandchild due to an in loco parentis situation, the state child support guidelines are applied.

Can grandparents receive child support?

Child support obligation is first and foremost with the natural parent. This applies even if the child or children are in the custody of someone who is not their parent. This means that grandparents can sue the natural parent to obtain child support for the child or children in their custody. The grandparents’ case needs to show evidence of the parents’ income and their ability to pay child support.

Who is responsible for college costs?

College is a significant financial expense. Not only are there tuition costs, there are also costs for books, room and board, and other fees. It can be daunting to have to cover these costs, but child support obligations are usually mandatory until the child reaches 18 years old. This period could end earlier, if the child is emancipated or be extended up to the age of 20, if the child is still in high school. This means the ordered parent is not obligated to pay for college.

These are a few of the questions people commonly have. If you have questions or concerns about receiving or paying child support, consult a family law attorney. Emblem Legal provides knowledgeable and experienced support with child support issues. Contact us today to see how we can help.