Parents often bear many of the responsibilities of a baby born to a minor daughter. The parents of a minor father are not off the hook. They may be obligated to pay child support. In North Carolina, both sets of grandparents share the responsibility of supporting the child.
In child support cases where the parents are 18 or older, the parents are responsible – financially and otherwise – for caring for their child. The non-custodial parent typically pays child support to the other parent. When minors are involved, the process is different.
Grandparents’ Obligation to Pay Child Support
According to North Carolina guidelines, parents spending less than 123 nights per year with the child must pay child support to the custodial parent.
The courts use a ratio of the parent’s income and the number of overnight visits with the child to determine how much should be paid monthly in support. Income sources like salary/wages, commissions, bonuses, and annuity income are factored into the formula.
What happens when the parents are minors with no income? Does the financial burden of meeting the child’s needs fall squarely on the parents of the young mother? No.
North Carolina law states the following:
“In the absence of pleading and proof that the circumstances otherwise warrant, parents of a minor, unemancipated child who is the custodial or noncustodial parent of a child shall share this primary liability for their grandchild's support with the minor parent, the court determining the proper share, until the minor parent reaches the age of 18 or becomes emancipated.”
Parents’ Ages Factor into Responsibility
The law’s requirements vary slightly based on the ages of the parents when the baby is conceived:
- If both parents are unemancipated minors, the maternal and paternal grandparents are responsible for the child until both parents reach the age of 18. For example, if one parent is 16 and the other is 17, the grandparents are responsible for two years (when both parents will be at least 18).
- If only one parent is an unemancipated minor, the parent who is of majority age is personally responsible for their share. However, if that parent gets behind in child support payments, their parents (the grandparents) can be held responsible for the arrearages until the other parent also reaches the age of 18 or is emancipated.
Presumed Custody in Teen Births
When an unmarried female gives birth, she is given sole custody of the child. This is true no matter the age of the mother, including if she is a minor. Teen fathers have the right to sue for custody or visitation once he has established paternity.
Teen Pregnancy Is Down in NC
North Carolina shares the same trend with the United States as a whole: The teen pregnancy rate has fallen from its height in 1990 by nearly 70%. Most teen pregnancies are among 18- and 19-year-olds, but younger teens also find themselves pregnant. In 2020, there were more than 7,700 pregnancies among girls aged 15-19 in North Carolina. Of those pregnancies, almost 2,000 were girls between the ages of 17 and 17.
All Ages Deserve Skilled Support Legal Counsel
If you are a young parent or the parent of one, you need knowledgeable legal representation to guide you through child support issues. Financial responsibility is shouldered by the maternal and paternal grandparents. Our attorneys at Jetton & Meredith, PLLC can provide the guidance you need to ensure your rights are vigorously represented.
Tell us about your child support case. Schedule a consultation by calling (704) 931-5535 or sending us an online message.