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When Does Child Support Stop in North Carolina?

When Does Child Support Stop in North Carolina?

When Does Child Support Stop in North Carolina? By Amy A. Edwards Each state specifies the age at which child support ends. In North Carolina, NC Gen. Stat. §50-13.4 requires child support to be paid until a child is age 18 or graduates from high school, whichever is longer. Support may end sooner than that if a child becomes emancipated. There is a legal proceeding that allows a minor who is at least 16 years old to file seek a decree of emancipation from a judge. But most commonly, a minor is automatically emancipated when he or she marries or joins the military. Unless parents have agreed otherwise in a separation agreement or consent order, if parents have multiple children, support does not automatically drop by 50% when another child graduates or reaches 18, etc. Instead, child support is recalculated based on the child support guidelines and the remaining child or children if a parent files a motion to modify support. Ages 18 to 20 Support may last longer than age 18 or graduation if the 18-year-old is still in school after reaching age 18 but hasn’t graduated. In that event, child support continues until he or she quits high school, fails to attend school on a regular basis or make satisfactory academic progress towards graduation, or reaches age 20, whichever is first. “If the child is enrolled in a cooperative innovative high school program . . . then payments shall terminate when the child completes his or her fourth year of enrollment or when the child reaches the age of 18, whichever occurs later.” NC Gen. Stat. §50-13.4(c)(3). Past Due Support There is one big exception to the general rule. If a parent owes outstanding child support when the payments would usually terminate, the payments will continue in the same amount, to be applied to the outstanding support until the balance is satisfied.  Support from Grandparents When a minor has a baby, the grandparents have primary liability for the support of the grandchild. However, even though the parent of the baby is a minor child, he or she is secondarily liable for the baby’s support. The court determines the proper share of financial responsibility for the baby. A grandparent’s responsibility for child support ends for both the parent and the grandchild when the minor parent reaches the age of 18 or becomes emancipated. If only one of the baby’s parents was a minor...

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What Do All Those Child Custody Labels Really Mean in NC?

What Do All Those Child Custody Labels  Really Mean in NC?

What Do All Those Custody Labels Really Mean? Physical Custody By Amy A. Edwards  See also – Legal Custody Physical Custody In this article, we focus on physical custody and visitation.Our state deems physical custody to mean “the physical care and supervision of a child.” NC Gen. Stat. §50A-102(14). The NC Child Support Guidelines identify primary physical custody as the custody a parent has when he or she spends 243 overnight visits per year with that child. The other parent has secondary physical custody because he or she has 122 or fewer overnights. In that case, child support is the same amount no matter what the custody schedule is. But if a parent has 123 or more overnight visits per year, a different calculation is used. Depending on the exact number of overnights per year, the child support obligation changes on a per-day basis. Physical or Legal Custody? The Guidelines are careful to note that primary physical custody is determined without regard to whether a parent has primary, shared, or joint legal custody (decision-making custody), which is the right to make significant long-term decisions, such as a child’s religious training or the school a child will attend. Contrast that with physical custody, which involves the day-to-day decision-making such as what bed-time is best or how much time a child may spend using social media on a school night. Visitation With a Child Our state fails to clearly define visitation, stating that: Unless a contrary intent is clear, the word custody shall be deemed to include custody or visitation or both. The Court of Appeals wrote that “Visitation privileges are but a lesser degree of custody. Thus . . . the word custody . . . was intended to encompass visitation rights as well as general custody.” NC Gen. Stat. § 50-13.2(b1) But the statute specifies who cannot have visitation. If a person conceived a child by acts of various sexual assault laws, he is not entitled to visitation rights. On the other hand, grandparents may file a case visitation, not custody of any sort. However, they may seek visitation only if there is an on-going custody battle already pending in court. This avoids the significant stress and cost of litigation which could otherwise be inflicted upon the parents by a third party. What About Technology?  Judges in North Carolina may award “electronic communication” with a parent. To allow a fluid and meaning as technology changes, the law envisions “contact, other than...

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Is a 529 College Savings Plan a Gift to a Child or Marital Property?

Is a 529 College Savings Plan a Gift to a Child or Marital Property?

Is a 529 College Savings Plan a Gift to a Child or Marital Property? By Amy A. Edwards Yesterday, the NC Court of Appeals addressed this question in Berens v. Berens. This was a case of first impression, meaning our courts have not yet made any decision on this subject. The Court defines 529 plan as “investment programs permit parents to set aside money for their children’s college expenses under tax-favorable conditions.” In the Berens case, the parents funded several 529 plans for their children while they were married and before they separated. The First Trial: Marital Property The lower court said the funds in the plans were marital property, and then awarded them to Mom as marital assets. She disagreed with that, and appealed the case, arguing that the money invested in the plans were gifts to each child, not marital property. And therefore, the court had no jurisdiction over the plans because they were not marital property. The Court of Appeals disagreed with her. The Appeal: Marital Property In this particular case, the Court of Appeals said the funds were not gifts to the children because they were all in Mom’s name alone. Besides the intent to give the gift to someone, a gift is only a gift if it is actually given to someone. Here, Mom failed to give a gift because no child was a named owner. Had the plans been gifts, each child would’ve had “all right, title, and control over the property.” Just because a 529 plan gives an owner a special tax benefit doesn’t mean it changes ownership. Although each child was a beneficiary, the plans were still owned by Mom. Therefore, she had the ability to spend the funds in any way see saw fit.  Amy A. Edwards is a family law attorney in Greenville, NC, certified by the NC State Bar Board of Legal Specialization as a Family Law Specialist, and is licensed only in NC. Laws change. This article is current as of...

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How Does Child Support Enforcement Work in NC?

How Does Child Support Enforcement Work in NC?

How Does Child Support Enforcement Work in NC? The Child Support Enforcement (CSE) Program is managed by the NC Division of Social Services. CSE oversees almost all child support cases but they do more than enforce child support orders. If there is no child support order, they will initiate a lawsuit for it.  A case worker is assigned to each case to act as the point of contact between the parents. When parents reach an agreement in their child support case, CSE will facilitate the entry of a court order. When parents dispute the amount of child support, a judge will decide what must be paid. Parties are always free to hire private attorneys to represent them in child support cases if they choose to do so. But for a fee of $25.00 per year, a CSE attorney represents the party who is entitled to child support, kind of like a district attorney represents the state/victim in criminal case. Who Can Use CSE Services? Any parent is eligible for services, regardless of whether he or she has government assistance. Either parent can request services, not just the party who receives child support. Married parents who have separated but have not yet divorced may use CSE services. A child’s guardian or caretaker qualifies for services, as does a person who has custody of a child pursuant to a court order. For example, if a grandparent has legal custody of a grandchild, CSE will provide services. For the sake of clarity, I will refer to anyone who qualifies for CSE services as parents. What About Paternity Testing? When parents are married at the time of the child’s birth, the law automatically assumes the husband is the father.  However, when a child is born to unmarried parents and the father disputes paternity, CSE files a motion for the court to determine paternity by genetic testing. Paternity must be established before child support is properly ordered. An unmarried father may initiate services, including a request for paternity testing.  Based on the test results, or if the defendant in the child support case fails to appear in court as required, CSE will then establish paternity and child support by court order.   How Do they Enforce Child Support Orders? CSE keeps records of what is paid by a parent and what is provided to the other parent, usually by income withholding so the support will be...

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The Life Span of a Typical Case in Pitt County

The Life Span of a Typical Case in Pitt County

The Life Span of a Typical Case in Pitt County Although the term “typical case” is a misnomer, there are certain goals to be met as you wind your way through the local court process. I say goals because the judge has the discretion to adjust the times as may be necessary in each unique case. Life is messy and court is messier, sometimes not fitting into a specific timeline. We’re fortunate to have an official Family Court in Pitt County, staffed with three individuals. They keep the process moving along, by means of local court rules, the development of certain standardized forms to use in routine administrative matters and expedited communication with the judges concerning the most efficient way to handle issues that crop up as the case moves forward. The court expects the case to be resolved within a year if possible. Phase One: File the Lawsuit A family law case is filed at the courthouse by a Complaint, followed by an Answer and Counterclaims in response, and other filings. This process of putting the court and the other party on notice of what relief each party seeks can take up to 6 months after the case is filed. In the meantime, the court might hold hearings on temporary (until the case is finished) child custody, child support or alimony within 2 months after the case is filed. The parties might also choose to use discovery, which might require a deposition, paperwork to be exchanged, or written answers to specific questions by the other party. Discovery by one or both parties can easily take 2-3 months. The party who files for equitable distribution, the division of marital assets, first must complete a very detailed listing of assets and debts called an EDIA, and the other party then files his or her version. This process takes at least 4 months. Phase Two: Negotiation and Mediation Although clients usually know what property and debt there is, and the income of each party, the attorneys don’t really know until he or she reviews the actual evidence (the tax returns, pay statements, self-employment, etc.). Once the attorneys have a general idea of the scope of the marital estate and what the actual disputes are, they can each then decide the best strategy to use. Another fundamental task is to figure out whether the parties already agree on certain matters, such as...

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Collaborative Family Law: Are You Both on the Same Page?

Collaborative Family Law: Are You Both on the Same Page?

Collaborative Family Law: Are You Both on the Same Page? In the traditional setting of court, the parties are adversarial. This means they are on opposing sides of an issue, each competing for a ruling from the judge. Court tends to be a win/lose scenario. Instead of being adversarial and working against each other, the objective for both parties in Collaborative Family Law is to find a win/win solution to their dilemmas. The parties collaborate in an effort to create the best settlement they can. All four people, both parties and both attorneys, brainstorm in a series of what are called four-way meetings. Because the parties aren’t adversarial, the attorneys and parties discuss things among themselves in a civil manner during the four-way meetings. There is no cross examination. Instead of the courtroom, they usually meet in an office of one of the attorneys. How Does Collaborative Family Law Work? Collaborative Family Law (CFL) is an alternative dispute resolution authorized by the NC General Statutes. It is used only by the agreement of both parties and can be used for almost any type of family law dispute, including child custody and support, alimony, and equitable distribution of marital assets and debts. The attorneys and their clients sign a CFL pledge. In traditional family law cases, the spouse with more money to spend sometimes drags out the process forcing the other spouse to settle because they can’t afford to go to court. The CFL pledge includes a commitment not to “starve out” the other party. If either party decides to litigate (i.e., go to court), the CFL process ends and both parties have to hire new attorneys. This a built in deterrent for starving out the other party. However, the parties can include in their pledge an agreement to use mediation or arbitration if they can’t reach an agreement. By doing that, their attorneys can represent them throughout all three processes, CFL, mediation and arbitration, if necessary, never going to court.  Am I Protected by My CFL Attorney? Yes. Attorneys facilitate the agreement meaning the parties take an active role in the case. If someone suggests a course of action that is not feasible or fair, the attorney advises him or her against it. Both attorneys meet with both clients in four-way meetings. But each attorney also meets with his or her client privately at his or her office. In fact,...

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