If you are a custodial parent in North Carolina, then you have the right to receive child supportfrom your son or daughter’s other parent. This is to ensure both of you are financially supporting your child, and that the burden of paying your child’s expenses does not fall entirely on one parent’s shoulders.
However, child support is not always a straightforward matter. If your child’s other parent is self-employed, you can run into a number of obstacles, including having a hard time ascertaining the other parent’s true income and collecting the full amount of support in a timely manner. When a mother or father is a freelancer or runs their own business, then it can be all too easy for them to hide income or make it difficult for you to garnish their wages.
Despite these difficulties, you have the right to collect support from a self-employed parent and there are methods to do so. To learn more, contact our North Carolina child support lawyers at Breeden Law Office right away.
Calculating a Self-Employed Parent’s Child Support Obligation
The first step to collecting child support from a self-employed parent is obtaining an accurate accounting of their income. This can be difficult since he or she may receive income from a number of different sources and how much they make month to month could vary drastically. However, it is likely that they keep close track of how much they make for accounting purposes. Once the court knows how much the other parent makes, minus their ordinary and necessary business expenses, it has the amount it needs to calculate child support.
It is the other parent’s duty to provide their income to the court. However, if the other parent refuses to hand over their wage information or you believe the information provided is inaccurate or incomplete, we can take steps to access the other parent’s tax return and bank account information.
Collecting Child Support From a Self-Employed Parent
Very often it is not the child support calculation that is the most difficult issue with a self-employed parent. Instead, your biggest problem is actually receiving the support you are entitled to.
When a recipient parent is not receiving child support, wage garnishment is usually the first enforcement option. However, a self-employed parent does not necessarily have a steady paycheck that can be garnished to enforce child support. If income withholding from an employer is not possible, then you and your attorney can work North Carolina Child Support Enforcement or return to court to move forward with your other options.
In truth, you have a number of other options to obtain child support or pressure the other parent into paying. You can seek to obtain child support payments directly from the other parent’s personal or business bank accounts. You can petition to seize their tax refunds. You can put a lien against their bank accounts, assets, or payments from their clients.
If these steps are not enough and your child’s other parent becomes months behind, you can seek to have their driver’s license and professional licenses revoked. Professional licenses include for doctors, nurses, lawyers, barbers, plumbers, electricians, and other professionals. In some situations, the parent may not be able to get their license back until the child support debt is paid.
Ultimately, if the other parent continues to willfully not pay support, a judge can order them to be arrested and jailed for contempt. Your child’s other parent may be held in jail until the child support debt is paid.
Let Our North Carolina Child Support Lawyers Help
Many self-employed parents are happy to work with the court or North Carolina Child Support Services to calculate and pay child support. However, others use their employment situation to their advantage, trying to make it seem like they do not make much money or intentionally not sending payments. If you are dealing with a self-employed parent who refused to pay court-ordered support, contact Breeden Law Office at (919) 661-4970 right away.