The simple answer to this question is “probably yes.”
Knowing how to get child support can be crucial to the quality of life your
child will be able to have. In the State of North Carolina, only a person with
legal custody can request child support and having custody doesn’t mean you
will get child support automatically—you’ll have to ask for it. You can get
child support even if you share custody with the other parent, if the numbers
justify it. The amount of child support is based on state guidelines that take
into account both parents’ gross income and contributions for health insurance,
child care costs, and any extra expenses.
If you and your spouse have joint physical and legal
custody of your children, and one of you earns a great deal more than the
other, then it’s likely that spouse will pay child support to their ex.
Joint physical custody means that both parents spend
significant time with the children, but the time split doesn’t have to be
equal. The parents can define what joint custody means to them. Sole physical
custody means that the child lives with one parent for significantly more time
than the other North Carolina.
Joint legal custody means that the parents make
decisions together about the child’s welfare, including things like medical
care and education. Sole physical custody means that only one parent has the
authority to make those decisions, and isn’t required to consult with the other
parent before taking actions that affect the child.
North Carolina’s child support guidelines are based on
the “income shares” model, which was developed under the Child Support
Guidelines Project funded by the U.S. Office of Child Support Enforcement and
administered by the National Center for State Courts. The income shares model
is based on the concept that child support is a shared parental obligation and
that a child should receive the same proportion of parental income he or she
would have received if the child’s parents lived together. The schedule of
basic child support obligations is based primarily on economic research
performed pursuant to the Family Support Act of 1988 [P.L. 100-485, § 128],
which required the U.S. Department of Health and Human Services to conduct a
study of the patterns of expenditures on children. The schedule has been
updated based on changes in the consumer price index, changes in federal and
state tax rates, and other date.
Contact today to learn more about types
of custody and how they might apply to you in terms of obtaining or having to
pay child support.
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