Child support disputes can be stressful for both parents, especially if the current support amount seems insufficient. In North Carolina, child support decisions follow state guidelines, but parents may not always agree with the outcome.
Litigation may become necessary if you and your co-parent cannot agree on the proposed terms. However, it is also important to recognize when litigation may not be the best option for securing better child support.
How courts decide child support in North Carolina
In North Carolina, family courts calculate child support using the North Carolina Child Support Guidelines. These guidelines consider several factors, including the income of both parents, the number of children and the custody arrangement. The guidelines aim to ensure that child support amounts are fair and provide for the needs of the child.
If you believe that the amount determined by the guidelines is too low, however, you may seek a deviation in court. Keep in mind that this requires providing evidence to support the need for a higher amount.
When litigation might help
Litigation may help you secure better child support if the current arrangement does not meet the child’s financial needs. For instance, you might file a lawsuit to seek an increase in child support if you experience a change in income or if your child has new medical or educational needs. However, the court will require clear evidence that the change is necessary.
When litigation may not be the best option
While litigation can result in better child support, it can also be costly and time-consuming. Mediation or negotiation may offer a quicker, less expensive alternative to resolve child support disputes. Litigation does not always guarantee a higher amount, for that matter. The court follows strict guidelines, and unless there is strong evidence to justify an increase, the current child support amount may remain unchanged despite your effort to pursue a lawsuit.
Litigation may help secure better child support in North Carolina if a significant change in circumstances occurs, but it is typically a course of action to pursue as a last resort. Arriving at an agreement with your co-parent through other dispute resolution methods can lead to a more beneficial outcome.