how to petition for child support in nc without a lawyer

by Prof. Lane Mertz 7 min read

How do I get child support through the NCP?

An obligation to provide medical support in the form of health insurance through the NCP’s employer can be obtained either voluntarily or through court action. CSS collects and distributes child support payments. A court order for child support dictates the frequency of support payments and the amount of support to be paid.

What is a court order for child support in NC?

A court order for child support dictates the frequency of support payments and the amount of support to be paid. All child support payments handled by CSS are sent to the NC Child Support Centralized Collections (NCCSCC). Payments methods include: Direct payments. Income withholding.

When to request a modification in child support in North Carolina?

Your child begins receiving public assistance Receiving public assistance creates a debt to the State of North Carolina, which makes the State an interested party with standing to request a modification in child support payments. 6. A change in the physical custody of a child

How does receiving public assistance affect child support in North Carolina?

Receiving public assistance creates a debt to the State of North Carolina, which makes the State an interested party with standing to request a modification in child support payments. 6. A change in the physical custody of a child

image

How much does a child support lawyer cost in NC?

between $2,500 to $5,000The average North Carolina case cost for child custody lawyer is between $2,500 to $5,000.

Do you have to go to court for child support in NC?

In North Carolina, there are two ways to begin a child support case: in civil court or through a criminal action. You can file for child support on your own, with a lawyer that you retain, or the Division of Social Services (DSS) can file the child support case for you.

How do I get child support in NC?

AboutParents can agree on an amount for child support in a Separation Agreement. ... Parents may sign a Voluntary Support Agreement (VSA). ... Child support can be arranged through the Child Support Enforcement Agency (CSE).The person who wants to receive child support can file a civil complaint in district court.

How long does the child support process take in NC?

That can sometime take days or weeks. Next they have 30 days upon service to file a written answer with the court. This deadline can be extended for an additional 30 days giving them 60 days before they even have to Answer your Complaint. Next your local trial court administrator has to calendar your case for hearing.

Does Medicaid go after the father for child support NC?

Under the Affordable Care Act, Medicaid eligibility is determined based on the Medicaid household's modified adjusted gross income. This does not include the child support that it receives.

What percentage is child support in NC?

25%The court orders a flat percentage of 25% of the non-custodial parent's income to be paid in child support to the custodial parent.

Is there a statute of limitations on child support in NC?

1. North Carolina recognizes a ten year statute of limitation on the collection of child support.

Does the biological father have rights if he is not on the birth certificate?

If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

At what age can a child refuse to see a parent in NC?

While some states allow children of a certain age to choose one parent over the other, there is no such law in North Carolina that would allow children to choose which parent to live with at a certain age. In other words, it does not matter whether your child is 5 or 15.

What happens at NC child support hearing?

The evidence at such a hearing must address the parties' income and expenses, the child's reasonable needs, each parent's relative ability to pay support, and the basis for requesting variance from the Guidelines if there is a motion for deviation.

Can father claim child on taxes if child does not live with him?

Yes. The person doesn't have to live with you in order to qualify as your dependent on taxes. However, the person must be a relative who meets one of the following relationship test requirements: Your child, grandchild, or great-grandchild.

Can child support be waived in NC?

However, generally speaking, parents cannot waive the right to child support in the state of North Carolina. Child support is not intended to be used as a bargaining tool in child custody cases.

Contact

Noncustodial Parents

  • Noncustodial parents must be located before CSS can establish paternity and support or enforce a child support order. The following information can help the CSS locate noncustodial parents: 1. Name 2. Date of birth 3. Social Security number 4. Address 5. Employer 6. Vehicle ownership information
See more on ncdhhs.gov

Paternity Establishment

  • Establishing a legal father for a child helps the child receive certain rights such as: 1. Possible knowledge of the father's family medical history 2. Social Security benefits 3. Death and insurance benefits 4. Military benefits A child support order cannot be established for a child who is born to unmarried parents unless the alleged father acknowledges paternity or is proven the father. 1. T…
See more on ncdhhs.gov

Establishment of Support Obligations

  • A legal order must be established that specifies the amount of support to be paid for the benefit of a child. The successful establishment of a support order depends upon several critical areas: 1. Locating the Noncustodial Parent. 2. Determining the financial needs of the child. 3. Identifying what he or she can pay. The North Carolina Conference ...
See more on ncdhhs.gov

Collection and Distribution of Support

  • CSS collects and distributes child support payments. A court order for child support dictates the frequency of support payments and the amount of support to be paid. All child support payments handled by CSS are sent to the NC Child Support Centralized Collections (NCCSCC). Payments methods include: 1. Direct payments. 2. Income withholding. 3. Interception of tax refunds. Chil…
See more on ncdhhs.gov

Enforcement of Support Obligations

  • Establishing a child support order is no guarantee that the noncustodial parent will pay the support. CSS identifies these cases and uses several enforcement tools to get payment. Income withholding by employers is the single most effective method of child support collection. 1. The employer deducts a specified amount from the Noncustodial Parent’s income for the child supp…
See more on ncdhhs.gov