My wife and I are seeking a separation and divorce and have 3 children. I would like to know if in the state of NC does someone have to pay child support even if there is legal joint custody, and both parents are equally contributing to take care of the children? Neither one of us is out to get money from the other party as we both take care of all of our children in all aspects. The same applies for alimony. We are not seeking money from each other. We just merely want to go our separate ways.
Child support is based on the incomes of the parties, expenses of the children and the number of overnights each party has custody. The parties are free to enter an agreement for a different amount if they believe this different amount (or a lack of payment) will meet the needs of the child(ren). Alimony is first a determination of whether a spouse is dependent on the other spouse. If that is true, then the next determination is that spouse’s need versus the supporting spouse’s ability to pay. Similar to child support, the parties can reach any agreement they want regarding the payment of alimony.