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  1. Do I have to pay child support if I have 50/50 custody?

ANSWER: Yes, you may have to pay child support even if you have 50/50 custody.  Child support is based on the gross income of both parties, amount of overnights each parent has with the child or children, who and how medical insurance is paid, and any extracurricular or additional expenses the child may have.

  1. What if the other parent doesn’t let me see my child? Do I have to pay child support?

ANSWER: Yes, custody and child support are two separate legal issues. So even if the other parent is not allowing you to see your children, you may still be legally responsible to pay child support.  You should also consider filing for custody if you are being denied access to your children.

  1. What can I do if the other parent is not paying child support?

ANSWER: If there is a court order in place regarding child support the court can enforce your child support order.  If your case is being handled by your county’s local child support enforcement agency, contact your caseworker to address this issue.   If family court is handling your case, you may want to file a motion to show cause requesting the court to hold the non-paying party in contempt.

  1. What happens when my child turns 18 years old?

ANSWER:  In general, parents are not obligated to financially support a child once the child reaches the age of 18.  In North Carolina, parents are required to support a child until the child turns 20 if the child has not yet graduated and remains in high school. In that case, child support will continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever happens first. Parents can also be required to support a child enrolled in a cooperative innovative high school (CIHS) program until the child reaches age 18 or completes four years in the program, whichever occurs later.

5. What are the consequences for refusing to pay child support?

ANSWER: A judge has a number of enforcement options available to address a parent’s failure to pay child support as ordered. Depending upon the circumstances, a parent who fails to pay support as ordered may have wages withheld or be required to serve time in jail, or make a large upfront payment to avoid serving time in jail.

Contact Littlejohn Law Offices today for more information about your child support matter!