Are you looking for a child support lawyer in Hendersonville, NC?
At The McKinney Law Group Family & Divorce Lawyers, we provide trusted child support counsel for families throughout Hendersonville, NC.
If you need to establish, change, or collect child support in Henderson County, a Hendersonville, NC child support lawyer can prepare your case and present it to the court. At The McKinney Law Group Family & Divorce Lawyers, we represent parents in child support matters, and our founder has practiced family law since 2006. Schedule a consultation with us to go over your income, your custody schedule, and the support amount the state guidelines produce.
Child Support Lawyer Hendersonville, NC
A child support lawyer represents a parent when a court sets, changes, or enforces a support order. A Hendersonville child support attorney gathers income records for both parents and calculates support under the North Carolina Child Support Guidelines. The attorney then presents that calculation to the judge or negotiates an agreement with the other parent.
North Carolina Child Support Services was managing 377,140 cases statewide as of June 30, 2021, according to an NCDHHS quarterly report. Parents are not required to use the state program. A parent can also hire a private attorney to file or defend a child support case in Henderson County District Court.
Types of Child Support Cases We Handle in Hendersonville, NC
Child support cases begin in different ways. Some start with a divorce, and others start years after an order was entered. Our child support attorneys represent Hendersonville parents in the following matters.
- Initial child support orders. When no order exists, either parent can ask the court to set support. We calculate child support under the guidelines and present the income evidence the court needs.
- Temporary support. A court can order temporary support while a case is pending. We request a temporary order early so that support is in place before the final hearing.
- Divorce. Separating parents often resolve support in a separation agreement or as part of the divorce case. We address support together with property and custody so the terms are consistent.
- Child custody. The number of nights the child spends with each parent affects the support calculation. A change in the custody schedule can change the support amount.
- Paternity and unmarried parents. A court cannot order a father to pay support until he is legally recognized as the child’s father. We file actions to establish paternity and request support in the same case.
- Modification of support. Either parent can ask the court to modify child support after a substantial change in circumstances. A job loss, a large change in income, and a change in the child’s needs are common reasons.
- Enforcement and arrears. A parent who does not pay can be brought back to court. We file motions to collect child support arrears through contempt proceedings and income withholding.
- High-income cases. The guidelines do not cover every income level. When the parents’ combined income is above the guideline range, the court sets support based on the child’s needs and the parents’ ability to pay. We prepare a budget of the child’s actual expenses for these cases.
- Self-employed parents. Income is harder to determine when a parent owns a business or receives irregular pay. We review tax returns and business records to establish the parent’s income for child support.
Why Choose The McKinney Law Group Family & Divorce Lawyers as my Child Support Lawyer in Hendersonville, NC?
Family Law Practice Since 2006
Damien McKinney is the founder of The McKinney Law Group Family & Divorce Lawyers and has practiced family law since 2006. His practice includes child support, custody, and divorce cases. He is admitted to practice in North Carolina and Florida, and he graduated from Stetson University College of Law. In 2016, he received the Super Lawyers Distinction of Excellence.
Child support is rarely the only issue between two parents. A family lawyer in Hendersonville, NC who handles support, custody, and divorce can keep the orders in each matter consistent with one another. We have resolved family law cases through negotiated agreements and through court hearings.
Fees That Depend on the Complexity of Your Case
Child support cases require different amounts of work. An agreed order between two salaried parents takes less time than a contested case that involves a self-employed parent. Our fee for a child support matter depends on the complexity of the case. A Hendersonville, NC child support attorney can tell you at the start which issues in your case are disputed and which are not.
What Is Important To Understand About Child Support Cases?
Child Support Guidelines and How Support Is Calculated in North Carolina
North Carolina courts use statewide guidelines to set child support. The guideline amount is presumed to be correct unless a parent shows that it would be unfair in that case. The calculation is based on the following information.
- Income of both parents. Wages, self-employment income, and most other regular income are counted.
- Custody schedule. The calculation changes with the number of nights the child spends with each parent.
- Health insurance. The cost of the child’s coverage is included.
- Child care. Costs that a parent pays in order to work are included.
- Other children. The court considers support that a parent already provides for other children.
A judge can order a different amount when the guideline figure would not meet the child’s needs or would exceed them. The parent who asks for a different amount must present evidence to support the request.
What Are Important Aspects of a Child Support Case?
Accurate income information is the most important part of a child support case. The court relies on pay stubs, tax returns, and employer records. A court can also assign income to a parent who deliberately reduces earnings to avoid paying support.
A support order stays in effect until a court changes it. A parent whose income drops must file a motion to modify the order. Unpaid support continues to accumulate until then, and past-due amounts generally cannot be reduced later.
Parents can agree on support in a separation agreement or a consent order. A judge compares the agreed amount to the guidelines before approving a consent order. A Hendersonville child support lawyer can prepare the agreement and the guideline worksheet that goes with it.
Child support and custody are separate issues. A parent cannot stop paying support because visits were denied. A parent also cannot deny visits because support is unpaid.
What Should You Bring to Your Child Support Consultation?
The following records allow a child support lawyer to estimate the guideline amount at the first meeting.
- Recent pay stubs and tax returns
- Any existing support order, custody order, or separation agreement
- Records of health insurance premiums and child care costs
- A calendar that shows the current custody schedule
- Payment records, if support has gone unpaid
At the consultation, we calculate an estimated guideline amount from your records. We also tell you whether the facts support a modification before you pay to file a motion.
What Is The Child Support Case Timeline?
The length of a child support case depends on whether the parents agree. An agreed order can be entered without a contested hearing. A disputed case follows these steps.
- Filing. A complaint or motion is filed in Henderson County District Court.
- Service. The other parent is served and has time to respond.
- Financial exchange. Both parents provide income documentation.
- Negotiation. The parents can settle at any point by signing a consent order.
- Hearing. A judge hears the evidence and enters a support order.
- Payment. Payments begin, often through income withholding by the paying parent’s employer.
Hendersonville Family Court and Local Resources
Child support cases in Hendersonville are heard in Henderson County District Court. The following offices provide forms, services, and information for parents.
- Child support cases are filed and heard at the Henderson County Courthouse on North Grove Street.
- Henderson County Child Support Services is part of the county Department of Social Services. It establishes and enforces support orders for parents who apply for its services. The agency does not act as the attorney for either parent.
- The North Carolina Department of Health and Human Services explains how Child Support Services collects and distributes payments across the state.
- District court judges apply the statewide Child Support Guidelines, which are published by the state court system.
Reach Out to The McKinney Law Group Family & Divorce Lawyers to Schedule a Consultation
Bring your income records to a consultation with a child support attorney in Hendersonville, NC, and we will estimate the guideline amount for your case. We also explain whether an agreement, a new order, or a modification fits your situation. Our fee depends on the complexity of the matter. Contact us to schedule a consultation about your child support case.