How are military retirement benefits and other service-related benefits handled in a divorce? – North Carolina Short Answer In North Carolina, the marital portion of a servicemember’s military retired pay is generally treated like other retirement benefits for equitable distribution and can be divided in a divorce-related property case. The key question is what portion…
What do I need to prove to get custody rights if I’m not currently the custodial parent? – North Carolina Short Answer In North Carolina, a parent who is not currently the custodial parent can seek custody (or more parenting time) by filing in District Court and showing that the requested arrangement is in the…
How is child support calculated when parenting time is shared? – North Carolina Short Answer In North Carolina, when both parents have the child at least 123 overnights per year, child support is usually calculated under the North Carolina Child Support Guidelines using the shared custody method (often called “Worksheet B”). The calculation starts with…
What happens if the other parent is not paying court-ordered child support? – North Carolina Short Answer In North Carolina, missed court-ordered child support can be enforced through the court and, in many cases, through the child support enforcement agency. Common outcomes include an order to show cause, income withholding from wages, and contempt proceedings…
Can child support be enforced if the other parent is self-employed or paid in cash? – North Carolina Short Answer Yes. In North Carolina, child support can still be enforced even when the paying parent is self-employed or claims to be paid in cash. If regular wage withholding is not practical, the court and Child…
Can I ask the court to change my child support amount if my income or the other parent’s income has changed? – North Carolina Short Answer Yes. In North Carolina, a child support order can be changed, but only by filing a motion with the court and proving a substantial change in circumstances since the…
How can I document and prove the child support payments I didn’t receive? – North Carolina Short Answer In North Carolina, the cleanest way to prove missed child support is to match the court order’s due dates and amounts against an official payment history from the Clerk of Superior Court and/or the State Child Support…
Can I ask the court to add missed child support to what the other parent owes now? – North Carolina Short Answer Yes. In North Carolina, each child support payment becomes owed when it comes due, and unpaid amounts become “arrears.” Those past-due amounts generally cannot be erased or reduced later, so they can be…
Can unpaid child support be collected through wage withholding or other enforcement options? – North Carolina Short Answer Yes. In North Carolina, past-due child support (arrears) can often be collected through income (wage) withholding, and the court or Child Support Enforcement may also use other tools such as contempt proceedings, license revocation, and child support…
How far back can I go to request enforcement for past-due child support? – North Carolina Short Answer In North Carolina, past-due child support under an existing court order generally can be enforced for up to 10 years, and the 10-year clock typically runs separately on each missed payment from the date that payment became…
