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Divorce Child Custody Separation Child Support Equitable Distribution Parenting Coordination Spousal Support Guardian Ad Litem Special Proceedings Simple Estate Planning
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Our practice is limited to residents of Guilford, Davidson and Randolph counties in North Carolina.
The information contained in this site is limited to North Carolina law, and is for information purposes only. Please see our disclaimer for full details.
Copyright © Sams Law Firm, PC. All rights reserved. Web development by A Better Web, Inc.
FINANCIAL ISSUES
Make sure you are fully aware of the regulations regarding
support and equitable distribution before proceeding.
Contact our office for a Consultation Appointment
CHILD SUPPORT
Child support is an ongoing, recurring payment made by a parent for the financial support of a child. Usually, child
support is determined by the North Carolina child support calculator. The calculator can be found at ncchildsupport.com.
The child support calculator is only used for families that do not exceed a combined income of $300,000 per year. Child
support is based on each parent's monthly income, health insurance costs for the minor children, daycare expenses for
work-related childcare, and any extraordinary expenses that the Court considers (travel, private school, etc.). The child
support calculator will provide credits if either parent is caring for an adopted or biological minor child that is not the child
of the other parent.
If both parents are exercising at least 123 overnights with the minor children per year, child support is calculated on
worksheet B, joint custody. If one parent has less than 123 overnights, child support is determined by using worksheet A,
sole custody. Child support may be reviewed every three years. If there is a 15% difference in the old child support
calculation and the new calculation, child support can be modified. Absent an exception, child support is paid until a child
turns 18 years old and graduates from high school, whichever comes last.
SERVICES
Divorce Child Custody Separation Child Support Equitable Distribution Parenting Coordination Spousal Support Guardian Ad Litem Special Proceedings Simple Estate Planning
FOLLOW US
Our practice is limited to residents of Guilford, Davidson
and Randolph counties in North Carolina.
The information contained in this site is limited to North
Carolina law, and is for information purposes only.
Please see our disclaimer for full details.
Copyright © Sams Law Firm, PC. All rights reserved.
Web development by A Better Web, Inc.
FINANCIAL ISSUES
Make sure you are fully aware of the regulations
regarding support and equitable distribution
before proceeding.
Contact our office for a
Consultation Appointment
CHILD SUPPORT
Child support is an ongoing, recurring payment
made by a parent for the financial support of a
child. Usually, child support is determined by the
North Carolina child support calculator. The
calculator can be found at ncchildsupport.com. The
child support calculator is only used for families
that do not exceed a combined income of
$300,000 per year. Child support is based on each
parent's monthly income, health insurance costs
for the minor children, daycare expenses for work-
related childcare, and any extraordinary expenses
that the Court considers (travel, private school,
etc.). The child support calculator will provide
credits if either parent is caring for an adopted or
biological minor child that is not the child of the
other parent.
If both parents are exercising at least 123
overnights with the minor children per year, child
support is calculated on worksheet B, joint
custody. If one parent has less than 123
overnights, child support is determined by using
worksheet A, sole custody. Child support may be
reviewed every three years. If there is a 15%
difference in the old child support calculation and
the new calculation, child support can be modified.
Absent an exception, child support is paid until a
child turns 18 years old and graduates from high
school, whichever comes last.
EQUITABLE DISTRIBUTION
Equitable distribution is the process used to divide
the assets and debts of a married couple seeking
dissolution of their marriage. There are three steps
in dividing property.
First, the Court must identify the marital and
separate property. Property owned before the
marriage, inherited or received as a gift is typically
considered separate property and not divided. Debt
acquired before the marriage or did not benefit the
marriage is also considered separate debt. Property
and debt acquired during the marriage by one or
both spouses and exists on the date of separation is
considered marital property.
The second step in the equitable distribution process
is to value the property and debts. The value is the
fair market value of the item; the money that a willing
buyer would pay if the item was for sale. Usually the
value of the debt is the balance of the debt on the
date of separation.
The final step is to distribute the property and debts.
The courts must do this fairly. An equal division is
considered equitable unless the Court determines
equal is unjust.
SPOUSAL SUPPORT
There are two types of spousal support in North
Carolina: post separation support and alimony. Post
separation support was created to assist the
dependent spouse in meeting his or her reasonable
needs. The Court considers several factors when
determining the amount of post separation support,
including but not limited to: the financial needs of
the parties, the accustomed standard of living,
income, debts, marital fault, and the ability to earn
income.
A court order for post separation support will
terminate if the parties reconcile, the dependent
spouse remarries, the dependent spouse lives with
another adult in a romantic relationship, alimony is
established, the dependent spouse dies or the
supporting spouse dies.
Alimony is available when a dependent spouse is
actually substantially dependent on the other spouse
financially. The Courts will look at the accustomed
standard of living in the last years before separation.
North Carolina will also consider several other
economic factors in deciding, such as the financial
needs of the parties, present income, expenses
reasonably necessary to support each party, etc.
Alimony may include a lump sum, transfer of
property or periodic payments for a specified term.
Alimony "shall be in such amount as the
circumstances render necessary, having due regard
to the estates, earnings, earning capacity, living
condition, accustomed standard of living of the
parties and other facts of the particular case."
A court will consider marital fault, the ages and
health (mental and physical) of the parties, the
duration of the marriage, the education of each
spouse, tax ramifications and any other factor
relating to the economic circumstances that the
Court feels is justified. North Carolina allows our
Courts in their discretion to enter an order for
attorney fees in connection with spousal support.
Marital fault in North Carolina can act as a complete
barrier to alimony if the dependent spouse has had
an illicit affair during the marriage before separation
(there are a few exceptions). Marital fault can lower
or increase the amount and duration of alimony
payments in some circumstances.
Marital fault includes illicit sexual behavior,
involuntary separation due to a criminal act,
abandonment, cruel treatment endangering the life
of the other spouse, reckless spending, excessive use
of alcohol or drugs, etc. An order for alimony ends
under these conditions: resumption of the marriage,
remarriage by the dependent spouse, cohabitation
by the dependent spouse with someone they are
having a romantic relationship with, a fixed period of
time or death of either spouse. North Carolina does
not have a calculator to determine spousal support
like they have for child support. Results vary from
county to county, and judge to judge.
