How much child support is correct?

Question

My daughters daddy gives me a small sum of money a week, how much should I get with one child in NC. I work full time also.
Thanks

Answer 1

If you go to court, the judge will decide what is fair. It is a certain percentage of his income, I'm just not sure what that percentage is. Call the Clerk of Court's office, and ask them. Better yet, go to court, and let them tell him how much to pay!

Answer 2

When courts decide on amount of child support they use a MATHEMATICAL FORMULA.
It has nothing to do with emotion, or who did what - it is just math - and they plug-in the numbers.
What he makes, what you make - if someone does not work, they use a zero. then I think, they average that. Then they have a standard percentage of that (that would be "each child will receive X percent of the average of the two incomes")... and then that's what the non-custodial parent has to give.
And on the other side - the court also makes it LAW that you have to let the non-custodial parent have whatever visitation the court decides.
If the man says he can not pay that much - the judge says - "OK, no problem. You have a choice - you can get a second job or do whatevr you have to to pay the amount -- OR - you can go to jail ! " I have seen this happen with my own eyes.

they can also threaten you - if you do not allow the visitation rites.
For not much money you can talk this over with a lawyer.
THERE IS A WAY FOR A LAWYER TO NOT BE EXPENSIVE !
Every state has a "Legal Referral" phone number.
Call 411 ask for "Legal Referral" or "Lawyer Referral" something like that.
If you have trouble finding it, look up the local
Bar Association and ask them for Lawyer Referral.
This way you get an hour or a half hour of a lawyer's time -- for only about $30.
Prepare for you lawyer consulataion.
Make notes for yourself - JUST the basics. The lawyer will want to know,
if married, how long
age of kids, if any
your income status
his income status
info about the houseing

QUICKLY spit out the basic stuff -- DO NOT TELL HIM YOUR LIFE STORY - THE CLOCK IS TICKING - just the facts - very brief.
Now - shut up and LISTEN to the lawyer! Hopefully - you still have about 25 minutes of your half-hour left.

Let him talk! He will tell you SO much good information for your 30 bucks - you won't believe it!!

When he tells you what the next steps would be - remember to ask "What is the cheapest that that step could cost me?"
You do need to know if you can afford to "take action".

Also: this Legal Referral system.... a lot of times the lawyer will do this whole "consultation" by phone if you want ! If they dont have one near you - dont give up - ask if any of the lawyers listed offer consultation by phone!
To pay them sometimes you can pay on-line, or mail a check or money order before the date set for your phone consultation.
INFORMATION IS POWER. Pick up your phone and GET some !
Good Luck,
Anna

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Answer 3

Every state has an online Child Support Calculator which will give you a rough estimate of the amount of support the court is required to award.

For North Carolina you can find the calculator here:

http://www.alllaw.com/calculators/Childsupport/north_carolina/

Be warned however, that other factors may come into play such as unusual related expenses, loss of income and external awards such as lottery winnings, inheritance, etc. All are used to determine a final award which can then be modified (within reason) when a significant change of circumstances (such as a pay raise of 20% or more) occurs.

TO HAPPILY:
My question to you is how long has it been since you petitioned the court for a modification of the support award?

TO plumprump26:
There is a reson parents should always go to court over such issues. At the present time, unless the child's father is writting the mother checks with a memo of "Child Support" there is no record of his paying anything. To this point, it's irrelevant to the court.

Also, Many states (including North Carolina) allow for Retroactive support awards. In other words, if the mother files within the prescribed timeframe , (Section 17402 of the Family Code provides for the establishment of retroactive child support. This period is limited to a one year retroactive time period ) the child's father could be faced with a 1-year arrears before he even starts paying.

Also, an agreement not through the court is a matter of contract law. The cost of defending yourself in such an action far outstrips those of family law matters.

And last, why parents should ALWAYS get court orders for child support, custody and visitation is the fact that a contract between the parties that ursurps the court's authority is void on it's face. you cannot contract away the rights of a third-party (in this case, the child).

Any such contract not in keeping with the statutes of North Carolina will be found to be against public policy and void.

TO BRITEWOODFARM:

Although I don't have much of a problem with your response, on one issue you are dead wrong. If the non-custodial paying party is not working, is perfectly healthy and able to work then the court WILL NOT place the income at $0.

The court is bound by statute to IMPUTE an income to either parent who is able to work but refuses, or is not working. That imputation is based on the background, employment history, education and the like and is what the court feels the party SHOULD BE earning based on the facts.

Once the court makes the imputation, the support award is then calculated on that basis.

Most states altered their statutes in the late 50s to early 60s because non-custodial parents were quitting work to avoid child support. This is the court's way of caring for the child.

Answer 4

I live in NC and had a friend who payed 500 a month for his son. I know he made just over 18/hr. I thought this was abit high myself.
Personally I think what ever parent has to pay child support the recieving parent must show on a monthly bases, an itemized report showing exactly where and how that money was spent. That way a court could better ajust payments either up or down and the money would directly go to support the child.

Answer 5

someone from NC needs to answer this for you. Georgia has a new law that takes into consideration what the woman makes also. The average for one child here is 20%, but that could be reduced if the mother has a good job and makes a lot of money. They also now consider how much is paid for child care, so a man could end up paying more than the average 20% under certain circumstances.

Answer 6

The child support is calculated based on each of your incomes, with considerations for things like day care and who pays the insurance.
If he just writes you a check or gives you the money, consider it a gift and not child support.
Get you an attorney and make it go through the state's depository and taken out of his check.

Answer 7

In my state it is based off of a percentage of how much the person paying is making, it's not a set sum. Talk to the officals in the child support division of your local court.

Answer 8

It doesn't matter how much u make. I live in NC also and my support order says 95.00 mthly. That was minimum wage support 8 years ago and that is what they set his payment at. The minimum wage pmt now is 50.00 mthly. INSANE! I feel that support should be the child's portion of the lights, mortgage, etc. but the judges don't see it that way.

Answer 9

50% of your income after taxes! Minimum! No matter the state - children are expensive! Just make sure this $ goes into an interest bearing acount wherein only the childs expenses are paid for! Keep receipts!

Answer 10

I wish women would quit having babies by these men that they know they are not going to stay with. As for child support before you go to the courts try to set up a reasonable payment plan with him. If that doesent work garnisher his a$$!! If you know what i mean. And believe me the courts know how much to take.