North Carolina Child Support Guidelines

North Carolina uses the “income shares” model. In its simplest form, that means: 

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• The parents’ incomes are added together.

• The combined income is used to determine the amount that should go toward support of the child.

• That amount is prorated, meaning that if one parent has ⅔ of the total income, that parent is responsible for ⅔ of the total support.

 

In practice, applying the formula is a bit more complicated. Some of the other variables that can change the calculation include: 

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• Child care costs

• The cost of health insurance for the child

• Unusual expenses, such as high medical costs or private school fees

• Other child support obligations of either parent

 

Your best source of information about the specific factors that could impact your child support obligation or the amount of child support you receive is an experienced local child support attorney. 

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Deviation from Child Support Guidelines

Though most North Carolina child support orders are based on the guidelines, courts can deviate from the guidelines if they find that the guideline amount would not meet the needs of the child, or exceeds what is reasonable under the circumstances. It’s important to note, though, that courts don’t depart from the child support guidelines lightly. When they do so, they must make very specific findings supporting the decision. 

 

For most (primary city or county) parents, child support obligations will be calculated based on the guidelines. 

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Talk to an Experienced North Carolina Child Support Attorney Right Away

If you’ve separated from your child’s other parent or have had a child with someone who isn’t contributing directly to the child’s support, it’s in your best interest to speak with a local child support lawyer as soon as possible. Acting quickly to establish court-ordered child support can help stabilize your finances during the transition and helps ensure that your child is well provided for. 

 

Court-ordered support also protects you if the child’s other parent stops contributing. Acting promptly to establish support may affect the total amount of support you receive in the long-run. That’s because North Carolina allows for retroactive support but only for a limited time period. The amount of back support may be limited by any prior agreement you’ve reached with the other parent, even if the amount was significantly below the guideline amount.

 

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Frequently Asked Questions about NC Child Support

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Do I have to pay child support even if I have 50/50 custody? 

Probably. Child support is intended to divide the cost of providing for your child between the parents based on relative resources. So, if you earn more than your spouse, you will likely be ordered to pay support even though you each have the child half of the time. Other costs, such as child care and health insurance also impact this calculation.

 

Do I need a child support order? 

Some unmarried parents and married parents who separate skip the legal process. This is usually a mistake. A court order makes everyone’s obligations clear and provides a means of enforcement if you don’t receive support payments. Establishing child support through the legal process also ensures that support is calculated fairly, and that considerations like health insurance aren’t overlooked. 

 

Can my ex avoid child support by not working? 

Generally, no. If the court finds that a parent is voluntarily unemployed or underemployed to avoid or reduce child support, the support order may be based on imputed income. This will typically be based on the amount of income the parent could be expected to earn, taking work history, education, and other factors into consideration. 

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Can child support be changed? 

If circumstances change significantly, either party may petition the court to modify the child support order. If at least three years have passed since the order was entered, either party may petition for modification of child support if the amount of child support based on the current calculation is at least 15% higher or lower than the current award.