Child Support trial

Child Support trial in North Carolina – In every family law case that is brought before the court, typically one party is seeking something from the other party and there is something that they disagree on.  Because of the inherent adversarial nature of such a situation, it is almost always the case that at least one of the parties ends up unhappy. Things can get extremely contentious when it comes to matters of money and that is why Child Support is often a very high conflict area of law.  Like all other family law cases however, there are two main ways in which the cases end.  Those two ways are either through consent, or through a trial.

In this blog, we will talk a little about what happens during a Child Support trial, and how the judge makes the decision on this matter. Like all of our other blogs, this is intended for informational purposes only and is not intended as a substitute for the advice and counsel of a family law attorney.

When would a Child Support Trial be necessary?

In North Carolina, Child Support actions can be filed through the Child Support enforcement agency or through family court.  Most times, Child Support is a pretty straight forward calculation that is determined by the factors listed below.  However, in some cases, there is a dispute as to some of those factors. Additionally, a case can be “off guidelines”, because of some special circumstances.

What determines how much I pay in Child Support?

The amount of Child Support paid depends on several factors including:

  • The number of overnights the child spends with each parent, according to the Child Custody arrangement
  • The income of both parents
  • The amount of money a parent spends on healthcare for the child
  • The amount of money a parent spends for child care (daycare) for the child
  • The number of other children the parents have

What must I do to prepare for my Child Support Trial?

In the state of North Carolina, the parties to a Child Support action must disclose income to each other by means of a financial affidavit.  It is typically required that the parties file and serve this on each other at least 10 days before the Child Support proceeding is to occur.  

What Should I expect in a Child Support Trial?

In a Child Support trial, both parties get the opportunity to enter evidence and documentation through testimony.  Typically,* the judge listens to all the evidence provided, enters the information into the North Carolina Child Support Calculator, and makes the determination of who pays child support and what the amount that said child support will be.

*Please note, that the process is different if this is an off guidelines Child Support case.

Child Support Trials can be very stressful and very complicated, like most family law matters.  At Gilles Law, we can help.  We handle a wide variety of family law matters in Charlotte, North Carolina, and the surrounding areas.  Contact us today.

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