Family Law AdvisorŪ
Frequently Asked Questions
- North Carolina Child Support FAQ's -
1) If I have custody will I receive child support payments?
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The court will order that child support be paid to the custodial parent by the non-custodial parent. In North Carolina child support payments are based on guidelines. These guidelines are adhered to by the court in the typical case; however, the court may deviate from the guidelines. The non-custodial parent is ordered by the court to pay a percentage of that parent's gross monthly income.
2) What can I do if my spouse refuses to pay child support?
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The Child Support Enforcement Agency is a government agency which works with custodial parents to obtain child support. Private attorneys also assist custodial parents in the collection of child support. A number of remedies are available for the enforcement of child support including seizure of real estate and personal property, orders that bonds be posted, assignment of wages, garnishment, arrest, and interception of income tax refunds. The Child Support Enforcement Agency does not require payment of its fees in advance and it is the most cost efficient mechanism for the collection of child support by those who are unable to pay the fees required by private attorneys.
3) Can my spouse avoid paying child support if he files bankruptcy?
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No, child support obligations are not dischargeable in bankruptcy court.
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