Charlotte Divorce Lawyer Blog
How Can I Get Temporary Child Support in North Carolina?
As a parent, when you and your spouse separate and intend to divorce, you need to make sure that your children have the funds necessary for their continuing care. In North Carolina, spouses must live apart for a period of at least one year before they can get divorced. Once the divorce is complete, children typically reside primarily with one parent while the other provides child support payments. Parents need to consider how they will handle their children’s expenses during the separation period.
What is Temporary Child Support?
Child support is money that one spouse provides to the other for the care of their child. Temporary child support is support paid on an interim basis, generally until the divorce is final. The divorce will provide permanent instructions for child support, at which time any temporary support ends. Temporary child support should include money to pay for a child’s basic needs as well as any additional requirements, such as medical care. Support is often needed to properly provide for a child’s needs until the divorce is finalized.
Do I Need a Court Order for Temporary Child Support?
Many times, parents separate amicably, and one parent will provide child support during the separation period. While parents may make these arrangements privately with each other, it is important to know that this arrangement is not necessarily enforceable. In order to ensure that a parent will pay support, it is often best to seek a legal child support order. A legal order requires one parent to pay support during the separation period and is enforceable by law. Therefore, if a parent fails to pay, they will face legal consequences.
How Can I Request Temporary Child Support?
Temporary child support is not automatic. If you have the need for child support during the separation period, you may request it through the court. Request a hearing to obtain child support in your local family court jurisdiction. The court will set a hearing date where both parents are able to provide information for their case. The judge will make a decision based on the hearing. It is helpful to have an attorney assist you through the process to ensure that you provide the evidence and information necessary for the court.
The court will determine whether a parent is required to provide temporary child support. The order will remain in place until a final divorce order is made. Child support is one of the many issues that will be resolved through a divorce order. If you are starting the separation and divorce process, you may have many questions and concerns about the process, and particularly about child support. It is often best to consult with a divorce attorney as soon as possible at the start of the process. Your lawyer will review your particular case and give you the options available as you progress through the divorce. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with a family law attorney.
The family law practice group at Arnold & Smith, PLLC includes four Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.nccourts.gov/help-topics/divorce-and-marriage/separation-and-divorce
https://www.nccourts.gov/help-topics/family-and-children/child-support
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