A frequent misunderstanding is that parents who share joint custody are exempt from paying child support following a divorce. In reality, support obligations depend on the specific circumstances of each family. Even when parents share custody, one may still be required to make payments to help provide for the children.
It is helpful for parents to understand their legal rights and duties regarding child support and custody during and after the divorce process. To safeguard your interests and those of your children, you may want to consult with an experienced attorney.
Even Parents with Joint Custody May Owe Support
In North Carolina, all parents have a duty to provide for the reasonable needs of their children as long as their parental rights remain intact. This financial obligation typically continues until the child turns eighteen or graduates from high school, whichever happens later. If the child is still in school and has not yet graduated by age eighteen, support often continues until graduation or age twenty, whichever occurs first.
Additionally, if a child becomes emancipated before turning eighteen, parents are generally no longer required to provide support. Citizenship status, whether a parent lives in another state, or whether a parent is named on the birth certificate does not change these fundamental responsibilities.
When parents share joint custody, it does not mean they have the children for exactly equal amounts of time. Joint physical custody is often defined as each parent having the children for at least one-third of the year, or more than 122 overnights annually. Furthermore, parents in these arrangements often have different income levels and contribute varying amounts toward child-related expenses.
Consequently, in a joint custody arrangement, one parent may still need to make support payments to the other. The parent who makes higher earnings is often the one responsible for these payments. If earnings are similar, the other parent may contribute more directly to expenses or have a higher share of parenting time.
Determining the Amount of Child Support
To calculate the child support amount, the court reviews several factors, including:
- Each parent’s gross income from all sources
- Any income from self-employment and related expenses
- Potential income if a parent is voluntarily unemployed or underemployed
- Existing child support obligations from other relationships
- Responsibility for other children
- Child care costs
- Health insurance and medical care expenses
- Costs for education or transporting the children between households
The amount of time each parent spends with the children influences the total support owed. In North Carolina, the calculation follows a formula established by the Conference of Chief District Court Judges. Using official child support guidelines, the court calculates a support amount based on the time the children spend with each parent. These amounts are compared, and the parent with the higher obligation typically pays the difference to the other.
Determining your potential support obligations during a divorce can be complex. To protect your rights and ensure the calculation is accurate, it is wise to work with a qualified family law attorney.
Work with Brad H. Ferguson
If you have questions about child support or child custody in North Carolina, contact our office. With more than 15 years of experience in family law and criminal defense, Brad H. Ferguson provides knowledgeable and effective guidance. We help you understand your legal rights and work toward a fair outcome for your family.
Our firm serves clients in Hendersonville and the surrounding areas. Contact the office of Brad H. Ferguson at (828) 660-0670 to schedule a consultation.
Legal Disclaimer: The information provided on this site does not constitute a lawyer-client relationship and is for general informational purposes only. Attorney Brad H. Ferguson has not been involved in any cases mentioned on this blog. Content provided does not constitute legal advice and may not represent the most up-to-date information. No reader of this site should act or refrain according to the information given without first seeking legal counsel in their jurisdiction. If you have a pressing legal matter that needs attention, please contact our office via phone to schedule a consultation at 828-452-1655.