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Child support is an ongoing, recurring payment made by a parent for the financial support of a child. In most cases child support is determined by the North Carolina child support calculator. The calculator can be found at ncchildsupport.com. The child support calculator is only used for families that do not exceed a combined income of $300,000 per year. Child support using the child support calculator is based on each parent's monthly income, health insurance costs for the minor children, daycare expenses for work related childcare, and any extraordinary expenses that the court considers (travel, private school, etc.). The child support calculator will provide credits in the event that either parent is caring for an adopted or biological minor child that is not the child of the other parent. If both parents are exercising 123 overnights with the minor children per year, child support is calculated on worksheet B, joint custody. If one parent has less than 123 overnights, child support is determined by using worksheet A, sole custody. Child support may be reviewed every 3 years. If there is a 15% difference in the old child support calculation and the new calculation, child support can be modified. Absent an exception, child support is paid until a child turns 18 years old and graduates from high school.
Make sure you are fully aware of the regulations regarding child support before proceeding. Contact our office for a consultation appointment at 336-882-0700.
Equitable distribution is the process used to divide assets and debts of a married couple seeking dissolution of their marriage. There are three steps in dividing property. First, the court must identify marital and separate property. Property that was owned before the marriage, inherited or received as a gift is typically considered separate property and not divided. Debt that was acquired before the marriage or did not benefit the marriage is also considered separate debt. Property and debt that was acquired during the marriage by one or both spouses and exists on the date of separation is considered marital property.
The second step in the equitable distribution process is to value the property and debts. The value is the fair market value of the item; in other words, the amount of money that a willing buyer would pay if the item was for sale. In most cases, the value of the debt is the balance of the debt on the date of separation.
The final step is to distribute the property and debts. The courts must do this in a fair way. An equal division is considered equitable unless the court determines equal is unjust.
Make sure you are fully aware of the regulations regarding division of property before proceeding. Contact our office for a consultation appointment at 336-882-0700.
There are two types of spousal support in North Carolina: post separation support and alimony.
Post separation support was created to assist the dependent spouse in meeting his or her reasonable needs. The court considers several different factors when determining the amount of post separation support, including but not limited to: the financial needs of the parties, the accustomed standard of living, current income, debts, marital fault, and the ability to earn income. A court order for post separation support will terminate if the parties reconcile, the dependent spouse remarries, the dependent spouse lives with another adult in a romantic relationship, alimony is established, the dependent spouse dies or the supporting spouse dies.
Alimony is available when a dependent spouse is actually substantially dependent on the other spouse financially. The Courts will look at the accustomed standard of living in the last years before separation. North Carolina will also consider several other economic factors in making a decision such as the financial needs of the parties, present income, expenses reasonably necessary to support each of the parties, etc. Alimony may include a lump sum, transfer of property or periodic payments for a specified term. The amount of alimony "shall be in such amount as the circumstances render necessary, having due regard to the estates, earnings, earning capacity, condition, accustomed standard of living of the parties and other facts of the particular case." A court will consider marital fault, the ages and health (mental and physical) of the parties, the duration of the marriage, the education of each spouse, tax ramifications and any other factor relating to the economic circumstances that the court feels is justified. North Carolina allows our courts in their discretion to enter an order for attorney fees in connection with spousal support.
Marital fault in North Carolina can act as a complete barrier to alimony if the dependent spouse has had an illicit affair during the marriage prior to separation (there are a few exceptions). Marital fault can lower or increase the amount and duration of alimony payments in some circumstances. Marital fault includes illicit sexual behavior, involuntary separation as a consequence of a criminal act, abandonment, cruel treatment endangering the lives of the other spouse, reckless spending, excessive use of alcohol or drugs, etc.
An order for alimony ends under the following conditions: resumption of the marriage, remarriage by the dependent spouse, cohabitation by the dependent spouse with someone they are having a romantic relationship with, a fixed period of time or death of either spouse. North Carolina does not have a calculator to determine spousal support like they have for child support. Results vary from county to county, and judge to judge.
Make sure you are fully aware of the regulations regarding spousal support before proceeding. Contact our office for a consultation appointment at 336-882-0700.
1208 Eastchester Dr. #101
High Point, NC 27265
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