Child Support Lawyer — Lillington & Fuquay-Varina

North Carolina’s child support guidelines account for income, the parenting schedule, work-related childcare, health insurance and other children a parent supports. The Law Offices of Wunsch and Cruz handles child support in Harnett and Wake counties, whether support is being set for the first time or an existing order needs review.

How the guidelines work

North Carolina uses the child support guidelines under G.S. 50-13.4, built on a worksheet that combines both parents’ gross income, applies a percentage based on the number of children, and then adjusts for work-related childcare, health insurance premiums and extraordinary expenses. The result is a presumptive amount.

A request to depart from the guideline amount needs supporting evidence. Income can be difficult to document when a parent is self-employed, receives overtime or bonuses, works irregular hours or for cash, or is deliberately underemployed.

Documenting income

Several months of pay stubs, recent tax returns and W-2s, bank statements and relevant business records help establish income. If a parent is self-employed, the worksheet uses gross income with allowable deductions, and the treatment of those deductions can change the result.

Where income is unclear or a parent is not working at capacity, the court can impute income based on earning capacity, work history and available opportunities. Employment records and vocational evidence can help the court assess those factors.

Parenting time affects support

Support and custody have separate rules, but the parenting schedule affects the support worksheet. A parent with significant overnight time may qualify for a shared-custody adjustment, so it is useful to review the two issues together.

Our custody page covers parenting time and decision-making. If the schedule changes later, the support calculation should be reviewed at the same time.

Modification and enforcement

Existing orders can be changed when there is a substantial change in circumstances: a job loss, a significant income increase, a child’s changed needs, a new childcare cost or a change in the parenting schedule. A modification usually applies from the date the motion is filed rather than the date circumstances changed, making the filing date important.

Enforcement addresses unpaid support. The court can order wage withholding, require payment through the state system, or address non-payment as contempt. North Carolina’s child support enforcement agency can also act administratively in some cases. Payment records and communications about missed payments help document what is owed.

What to bring to the first meeting

• Any existing support order, agreement or case number.
• Recent pay stubs, tax returns, W-2s or business income records for both parties if available.
• Health insurance documents showing the cost of covering the children.
• Childcare invoices or estimates for work-related care.
• Evidence of the current parenting schedule, including overnights.
• Records of payments made or received, and any arrears notices.

Talk with the firm

To discuss setting, changing or enforcing child support in Harnett or Wake County, contact the firm or call our Lillington office at (910) 814-8777. For Fuquay-Varina, contact that office. Learn about related services in our family law overview or prepare for a meeting with our consultation guide.