Last Updated on October 26, 2023 by Lori Pace
Parents of children have a responsibility to provide resources and support for their child. Separation or divorce does not exempt any parent from this responsibility. However, some parents shirk from their child-care duties which can reduce the standard of living of the child. To provide a remedy, in North Carolina, child support laws help impose legal obligations on each parent regarding the care of their child.
The Process For Child Support After Divorce
North Carolina Department of Health and Human Services is the agency responsible for Child Support Services (CSS). Child support services are automatically available to custodial parents who have received public financial assistance. Those who do not receive public assistance can apply for their child support services separately. If a custodial parent applies independently, they will need to pay $25 for an application fee. Find the application form for custodial parent online.
The custodial parent will need to provide personal information as well as details regarding the noncustodial parents. This would include full name, date, Social Security number, postal address, residential address and phone number as well as details about the employer. Particularly important information about the noncustodial parent could be provided. Because accurate information speeds up the process for locating the noncustodial parents and the case for child support cannot move until the confirmation of the noncustodial parent’s location. The custodial parent must also include information about the child while filling out the form.
After Locating The Noncustodial Parent
Once the noncustodial parent is located, it will be necessary to establish paternity for the child. The man is the presumed father of the child if both parents were married at the time the child was born. If the parents did not marry, a parent can acknowledge that he is the father of the child or passes a test to prove it. He must sign an Affidavit Of Parentage in order to acknowledge paternity. They typically make the man sign the Affidavit of Parent in the hospital where the child is born. However, the man can also sign it later. They can order genetic testing if there is doubt about the father of the child. The test uses tissue or blood samples and the results are sufficient as evidence in court proceedings.
After the establishment of paternity of a child, CSS of North Carolina will establish the support obligations.
How To Receive Child Support
The North Carolina Child Support Centralized Collection is responsible for receiving and disbursing child support payments. Two options are available for child support payments to custodial parents. Child support payments are automatically received by the smiONE NCKIDSCARD. This is The Bancorp Bank Visa debit card, on which child support funds can be loaded. This card is available at ATMs and banks as well as purchase outlets. Then, the parent can use the card in the same manner as a regular Visa debit credit card. The smiONE mobile deposit also allows parents to make money deposits to their smiONE cards.
Additionally, the noncustodial parent can pay directly to a checking or savings account by parents receiving child support. To do this, the parent will need to set up a direct deposit by filling a Direct Deposit Authorization Form.
The Maximum Amount That Your Family Can Receive For Child Support
North Carolina child support calculations are based upon predefined guidelines. These guidelines take into account the child’s needs and the ability of each parent to pay. Cost of medical insurance, income of each parent, daycare costs, etc. are all considered. They also consider these factors in the calculation of child support. However, there are separate guidelines for parents with different custody arrangements. So, you can find the child support guidelines online.
Enforcement of Child Support
It is possible for the noncustodial child to default on child support obligations after the establishment of child support order. There are several ways to ensure compliance and ensure that the parent pays the child support. These include:
- Income withholding: This is an instruction for the employer to withhold a specific amount from the parent’s wages in order to pay child support.
- Interception of tax refund
- A credit agency can receive a report from enforcers of child support. This will impact the credit rating of the parent who is not custodial.
- Parents who owe more than $2500 in child support can have their passports denied or revoked.
- If the parent is 90 days late on child support obligations, the court may order suspension or professional, recreational, or driver’s licenses.
- Parents could also face court action, which could lead to jail time.