Raleigh Lawyers for Child Support in Uncontested Divorce
Divorces are rarely simple, but children make the situation much more complex. The well-being of the children and their ongoing success in life is an essential factor that everyone must keep in mind when drafting a divorce agreement. Besides love, care, and attention, children deserve to grow up without worrying about the financial burdens a divorce might place on their household.
If you have children and are beginning the divorce process, you should contact a Raleigh child support attorney who focuses on divorce and family law. Attorneys can help at any point in the process, from drafting the initial terms to helping enforce the finalized custody and child support agreements.
At Marshall & Taylor PLLC, we know how precious your children are to you. Helping to minimize the disruptions to your children’s life that a divorce can bring is one of the reasons we do what we do. Divorces are challenging for all parties involved, but we pride ourselves on putting your concerns above all else and providing you with the best representation possible. Contact our Raleigh uncontested divorce attorneys at (919) 833-1040 or through our website to discuss your divorce or child support agreement.
Uncontested vs. Contested Divorce
Contested divorces occur when the parties cannot agree to terms regarding assets, alimony, child custody, and child support. Contested divorces involve court dates, judges, juries, and laying out lots of money.
Most couples that decide to divorce prefer uncontested divorces. While the negotiation process might not be pretty, settling disputes and reaching agreements outside the courtroom provides many benefits. Uncontested divorces:
- Avoid a messy legal battle – Even when a relationship ends, the mutual love that divorced couples have for their children encourages many people to try and keep the process as amicable as possible. Uncontested divorces spare children from seeing their parents fight in court and can help them adapt to their new living situation. Child custody and support are often points of contention in divorces and might be the reason a divorce becomes contested if an agreement doesn’t satisfy both parties’ needs relating to their children.
- Save time and money – Numerous court dates involving lawyers and experts can quickly run up a hefty tab. Finding an agreement outside of court that both parents can live with regarding their divorce and their children saves money and time better spent focusing on the children. Just appearing in court and filing paperwork can be expensive, so anything that keeps court appearances to a minimum is better when it comes to saving money.
- Reduce Tensions – Paradoxically, couples who cannot agree on anything might still opt for an uncontested divorce. As attorneys will conduct most of the negotiations and discussions, people who had conflict in their divorce may want to finally let go and leave the marriage as soon as possible. Utilizing an attorney in an uncontested divorce is the best way to have someone fight on your behalf without getting you intimately involved in the day-to-day process.
Uncontested Divorce Child Support
An uncontested divorce could allow both parents to leave the marriage feeling content with their agreed-upon decisions about property, child custody, and child support and ready to take on the future.
North Carolina has child support guidelines that the court uses when determining child support, and attorneys can similarly use these guidelines when crafting an agreement outside of the courtroom.
North Carolina’s child support calculations are based upon the principle that both parents should contribute to the support of their children. Factors that could influence the amount of child support the parents will pay include:
- Gross income of both parties
- Income from self-employment or business operations
- Imputed income
- Existing child support obligations
- Responsibility for other dependent children
- Child care costs
- Health insurance and health care costs
- Extraordinary expenses
In general, the non-custodial parent is the one who makes child support payments. However, even if the parents share 50/50 custody, there might be substantial child support payments from one parent to the other, depending on the financial situation of the parties and the other factors included in the guidelines for child support calculations.
What Does Child Support Cover?
Child support is essential for providing the best possible life for the children involved. Child support payments help pay for:
- Education and tutoring costs
- Food and necessities
- Transportation costs
- Health insurance
- Medical costs insurance doesn’t cover
- Extracurricular activities
- An appropriate standard of living
Can Child Support Amounts Change?
Yes. Only courts can change the amount of child support a parent is ordered to pay. Three years must have passed since the prior support order was issued before a party can obtain a modification in support. If the petitioning parent can prove that the child support calculation has increased or decreased by 15% with the current income numbers, they may petition the court for an adjustment.
If the support-paying parent experiences a significant financial setback, that parent can go before the court and inform them of a significant pay cut or loss of work and request a reduction in support payments. The requesting parent must provide proof of their financial condition.
Conversely, if the payor parent earns much more money than they did at the time of the agreement, the other spouse might request that the court order them to increase their payments.
How Is Child Support Enforced?
If there is an agreement with your spouse that they are not living up to, you have the right to take legal action to enforce payment. Not only does failing to pay child support financially burden the custodial parent, it often lowers the standard of living of the children involved. To protect your and your children’s rights, contact an attorney regarding late or missing child support payments. We can help enforce the agreement by petitioning the court and guiding you through the process of claiming the support your children are owed.
Contact a Child Support Attorney Today
The Raleigh child support attorneys of Marshall & Taylor PLLC have served countless families in the Raleigh and Wake County area through the complicated process of getting the child support their child deserves. When leaving a marriage, you need someone to represent you and your children before the courts and during attorney negotiations. Call us at (919) 833-1040 or contact us online for a consultation and learn how our firm can help you with any aspect of your child custody issues.