Understanding child support obligations represents one of the most important aspects of parenting after separation or divorce. In North Carolina, both parents share legal and financial responsibility for supporting their children, regardless of their relationship status or living arrangements.
What Is Child Support in North Carolina?
Child support is money paid by one parent to help meet the reasonable needs of their minor child for health, education, and maintenance. The North Carolina General Statutes Section 50-13.4 requires parents to provide financial support for their children, and the state has established comprehensive guidelines to determine appropriate support amounts.
The fundamental principle behind North Carolina child support is that children should receive the same proportion of parental income they would have received if their parents lived together. This concept, known as the "income shares model," ensures that children don't suffer financially because their parents have separated or divorced.
Child support covers basic living expenses, including housing, food, clothing, and other day-to-day costs. The North Carolina Child Support Guidelines include provisions for additional expenses like health insurance premiums, childcare costs, and certain extraordinary expenses beyond the basic support obligation.
Who Must Pay Child Support?
In North Carolina, both parents have an obligation to support their minor children financially. However, the parent who pays child support directly to the other parent depends on the custodial arrangement and each parent's income.
When One Parent Pays Child Support
In cases where one parent has primary physical custody (meaning the child lives with that parent for 243 nights or more during the year), the non-custodial parent typically pays child support to the custodial parent. This arrangement assumes the custodial parent already contributes their share of the child support obligation by paying directly for the child's day-to-day expenses.
Shared Custody Situations
When parents share custody, and each has the child for at least 123 nights during the year, child support obligations are calculated differently. In these cases, both parents' support obligations are determined, and the parent with the higher obligation pays the difference to the other parent. This recognizes that both parents incur direct expenses when caring for the child.
Who Can Request Child Support
Any parent or person providing care for a minor child living in their home can file for child support. You don't need a court order granting you custody before requesting child support if you're caring for a child who lives with you.
Importantly, child support obligations exist regardless of the parents' marital status. Whether you were married to your child's other parent, lived together without marriage, or never cohabited, child support obligations remain the same.
North Carolina Child Support Guidelines
The Conference of Chief District Judges prescribes uniform statewide presumptive guidelines for determining child support obligations, reviewing them periodically (at least once every four years) to ensure appropriate results. The most recent guidelines became effective January 1, 2023.
The Income Shares Model
North Carolina's child support guidelines are based on the income shares model, which was developed under the Child Support Guidelines Project funded by the U.S. Office of Child Support Enforcement. This model assumes that child support is a shared parental obligation and uses economic data representing adjusted estimates of average total household spending for children between birth and age 18.
The Schedule of Basic Child Support Obligations provides baseline support amounts based on both parents' combined adjusted gross income and the number of children requiring support. These amounts exclude certain expenses like childcare, health insurance, and extraordinary medical costs, which are added separately.
How Child Support Is Calculated in North Carolina
Calculating child support in North Carolina involves several steps and considerations. Understanding this process helps you anticipate your obligations or the support you should receive.
Determining Gross Income
The first step in calculating child support involves determining each parent's gross income. "Income" means a parent's actual gross income from any source, including:
- Employment or self-employment income (salaries, wages, commissions, bonuses, dividends, severance pay)
- Income from ownership or operation of a business, partnership, or corporation
- Rental property income
- Retirement income and pensions
- Interest, trusts, annuities, and capital gains
- Social Security benefits
- Workers' compensation benefits
- Unemployment insurance benefits
- Disability pay and insurance benefits
- Gifts and prizes
- Alimony or maintenance received from persons other than the parties to the current action
Excluded Income
Certain types of income are specifically excluded from child support calculations:
- Adoption assistance benefits
- Benefits from means-tested public assistance programs (TANF, SSI, food benefits, general assistance)
- Child support payments received for children not involved in the current case
- Employer contributions toward future Social Security and Medicare payments
- Amounts paid by an employer directly to third parties for health, disability, or life insurance or retirement benefits that aren't deducted from wages
Income from Self-Employment
For parents who are self-employed or operate businesses, gross income equals gross receipts minus ordinary and necessary expenses required for business operation. However, these expenses don't include amounts allowable by the IRS for accelerated depreciation, investment tax credits, or other business expenses the court determines inappropriate for determining gross income.
Income and expenses from self-employment should be carefully reviewed to determine appropriate gross income levels, which typically differ from business income calculated for tax purposes.
Adjustments to Gross Income
After determining gross income, certain deductions are allowed:
Child support payments for other children
Current child support payments actually made under any existing court order, separation agreement, or voluntary support arrangement are deducted from gross income, regardless of whether those children were born before or after the child for whom support is being determined.
Responsibility for other children
A parent's financial responsibility for their natural or adopted children currently residing with them (other than children for whom support is being determined) is deducted from gross income.
The worksheets automatically convert gross income to adjusted gross income based on standard deductions for federal taxes, North Carolina taxes, Social Security, and Medicare.
Child Support Worksheets
North Carolina provides three different worksheets for calculating child support obligations, and the appropriate worksheet depends on your custodial arrangement.
Worksheet | When to Use | Key Features |
Worksheet A | Primary custody to one parent (243+ nights) | Standard calculation; one parent pays support to the other |
Worksheet B | Shared custody (each parent has child 123+ nights) | Basic obligation increased by 50%; considers parenting time |
Worksheet C | Split custody (each parent has primary custody of at least one child) | Separate calculations for children living with each parent |
Worksheet A: Primary Custody
Use Worksheet A when one parent or third party has primary physical custody of all children for whom support is being determined. In these cases, both parents' child support obligations are calculated, but only the non-custodial parent actually pays support to the custodial parent.
Worksheet B: Shared Custody
Worksheet B applies when parents share custody of all children or when one parent has primary custody of some children while parents share custody of others. The combined basic support obligation is increased by 50% (multiplied by 1.5) and allocated based on each parent's income and the time children spend with the other parent. The parent with the higher obligation pays the difference.
Worksheet C: Split Custody
Use Worksheet C when primary physical custody of two or more children is split between parents, meaning each parent has primary custody of at least one child. The combined basic support obligation is allocated based on respective incomes and the number of children living with each parent.
Additional Child Support Expenses
Beyond the basic child support obligation, several additional expenses may be factored into the total child support calculation.
Health Insurance Premiums
The amount paid by a parent (or a parent's spouse) for health insurance (medical, dental, and/or vision) for the children is added to the basic child support obligation and divided between parents based on their respective incomes. Only the portion of the premium actually attributable to the children is included.
Health insurance is considered reasonable if it costs no more than 5% of the parent's gross income. The court must order either parent to obtain and maintain health insurance coverage for children if it's actually and currently available at reasonable cost.
Childcare Costs
Reasonable childcare costs paid by a parent due to employment or job search are added to the basic child support obligation and divided between parents proportionally. Other reasonable childcare costs, such as those incurred while the custodial parent attends school, may provide grounds for deviation from the standard calculation.
Medical Expenses
The basic child support obligation includes $250 per child annually for uninsured medical and dental expenses. When actual uninsured healthcare costs exceed $250 per year, the court may order either or both parents to pay these additional expenses in proportions the court deems appropriate.
Uninsured medical expenses may include:
- Reasonable and necessary medical care costs
- Dental care and orthodontia
- Asthma treatments
- Physical therapy
- Treatment of chronic health problems
- Counseling or psychiatric therapy for diagnosed mental disorders
Extraordinary Expenses
Other extraordinary child-related expenses may be added to the basic support obligation if the court determines they're reasonable, necessary, and in the child's best interests. These may include:
- Expenses for special or private elementary or secondary schools to meet particular educational needs
- Expenses for transporting the child between parents' homes
- Other significant costs related to the child's welfare
Self-Support Reserve for Low-Income Parents
North Carolina's child support guidelines include a self-support reserve designed to ensure that parents paying child support have sufficient income to maintain a minimum standard of living based on the federal poverty level for one person ($1,133 per month in 2022).
For parents with adjusted gross income below $1,150 per month, the guidelines require a minimum support order of $50 absent a deviation. For parents with adjusted gross incomes above $1,150, the Schedule of Basic Support Obligations incorporates adjustments to maintain the self-support reserve.
When the paying parent's adjusted gross income falls within the shaded area of the Schedule and Worksheet A is used, the basic child support obligation is computed using only that parent's income. In these cases, childcare and health insurance premiums should not be used to calculate the obligation, though payment of these costs may provide grounds for deviation.
Deviating from Child Support Guidelines
While North Carolina's child support guidelines apply as a rebuttable presumption in all child support proceedings, courts may deviate from the guidelines under certain circumstances.
When Deviations May Be Appropriate
The court may deviate from the guidelines if, after hearing evidence and making findings regarding the child's reasonable needs and each parent's relative ability to provide support, it determines by the greater weight of evidence that applying the guidelines would:
- Not meet the child's reasonable needs
- Exceed the child's reasonable needs
- Otherwise be unjust or inappropriate
Required Findings for Deviation
If the court deviates from the guidelines, it must make written findings:
- Stating the supporting parent's presumptive child support obligation under the guidelines
- Determining the child's reasonable needs and each parent's relative ability to provide support
- Supporting the conclusion that the presumptive amount is inadequate, excessive, or otherwise inappropriate
- Stating the basis for determining the actual child support amount ordered
One example of when deviation may be appropriate is when one parent pays 100% of the child support obligation and 100% of the insurance premium.
Imputing Income to Parents
North Carolina's guidelines address situations where parents attempt to evade or reduce their child support obligations by voluntarily reducing their income.
When Income May Be Imputed
If the court finds that a parent's voluntary unemployment or underemployment results from bad faith or deliberate suppression of income to avoid or minimize child support obligations, support may be calculated based on the parent's potential rather than actual income.
However, potential income may not be imputed to a parent who is:
- Physically or mentally incapacitated
- Incarcerated (in compliance with federal regulations)
- Unable to work due to the presence of a young or physically or mentally disabled child in their home
Determining Potential Income
When imputing income, the amount must be based on:
- The parent's assets and residence
- Employment potential and probable earnings level
- Recent work history
- Occupational qualifications
- Prevailing job opportunities and earning levels in the community
- Other relevant background factors relating to actual earning potential
If a parent has no recent work history or vocational training, potential income should not be less than minimum wage for a 35-hour work week.
Filing for Child Support in North Carolina
Parents can establish child support obligations through several methods in North Carolina.
Through Separation Agreements
Parents can agree on child support amounts in a separation agreement. If parents execute a valid, unincorporated separation agreement determining child support obligations, the court must base support on the agreement amount rather than the guidelines unless the court determines the agreement amount is unreasonable considering the child's needs and relevant statutory factors.
Through Child Support Enforcement Services
Parents can apply for services from North Carolina Child Support Services (CSS). The agency assists with:
- Establishing paternity when necessary
- Calculating child support under the guidelines
- Establishing child support orders
- Enforcing child support obligations
- Modifying existing orders
There's an application fee of up to $25 unless you're receiving certain public assistance benefits.
Through Court Filing
Parents can file a civil complaint for child support in district court in the county where the child lives or is physically present, or in a county where a parent resides. The complaint must be served on the other parent, who has 30 days to file an answer.
When filing during divorce proceedings, child support is typically addressed as part of the overall divorce process. You can also request temporary child support while legally separated, which is important since North Carolina requires one year of separation before filing for divorce.
Collecting and Enforcing Child Support
Once a child support order is established, several mechanisms ensure payments are made and collected properly.
Payment Methods
All child support payments in North Carolina are made through the state's Centralized Collection Operation (NCCSCC). State law requires payment collection through income withholding from the paying parent's paychecks unless there's good reason not to require it or the parents have agreed in writing to another arrangement.
Income withholding allows up to 40% of net available pay to be garnished for child support obligations.
Enforcement Options
If you're having trouble collecting child support, you can get help from:
- Child Support Enforcement Agency: Provides enforcement services including income withholding, license suspension, and other remedies
- Courts: Can hold non-paying parents in contempt and impose various penalties
Remember that visitation rights and child support obligations are separate legal issues. You cannot withhold visitation because support isn't being paid, and the paying parent cannot stop support because visitation is being denied.
When Child Support Ends
Understanding when child support obligations terminate helps both parents plan appropriately.
Standard Termination Age
Child support payments typically continue until the child:
- Turns 18, OR
- Graduates from high school (if still attending and making satisfactory progress), but in no case beyond age 20
Earlier Termination
Child support may end earlier if the child becomes legally emancipated through:
- Joining the military
- Getting married
- Moving away from home and becoming self-supporting
Extending Support
Parents may agree to extend child support beyond the legal requirement, such as to support a child attending college or other post-secondary education. Any such agreement should be in writing and submitted to the court to become part of an official order.
Even when the duty to pay child support ends, parents remain obligated to pay any past-due amounts (arrearages).
Modifying Child Support Orders
Life circumstances change, and North Carolina law provides mechanisms for modifying child support orders when appropriate.
Requirements for Modification
Either parent may request a change in current child support payments at any time. However, a judge won't grant the modification unless the requesting parent shows a substantial change in circumstances since the existing order was issued.
Presumption of Substantial Change
North Carolina law presumes a substantial change of circumstances exists when:
- At least three years have passed since the existing order was issued, AND
- There's at least a 15% difference between the amount under the existing order and a new calculation based on current circumstances
Other Changes in Circumstances
Situations that might qualify as substantial changes include:
- Significant increase or involuntary decrease in either parent's income
- Changes in the child's needs
- Changes in custody arrangements
- Changes in childcare costs or health insurance premiums
- The need to provide for the child's healthcare needs through insurance or other means
A parent's remarriage doesn't, by itself, qualify as a change of circumstances, though some circumstances related to the new family (such as supporting additional children) might play a role in modification proceedings.
High-Income Cases
When parents' combined adjusted gross income exceeds $40,000 per month ($480,000 per year), the supporting parent's basic child support obligation cannot be determined using the standard child support schedule.
In these high-income cases, the court sets support in an amount that meets the child's reasonable needs for health, education, and maintenance, considering:
- The estates, earnings, and conditions of both parties
- The child's accustomed standard of living
- Childcare and homemaker contributions of each party
- Other relevant facts of the particular case
The schedule of basic child support may still assist the court in determining a minimal level of support.
Special Considerations
Several unique situations require special attention in North Carolina child support cases.
Social Security and Veterans Benefits
Veterans Administration benefits and Social Security benefits received for a child's benefit based on a parent's disability or retirement are included as income attributed to the parent on whose earnings record the benefits are paid. However, these benefits are deductible from that parent's child support obligation if paid to the other parent.
If benefits received by the child based on the obligor's disability or retirement exceed the obligor's child support obligation, no order for prospective child support should be entered unless the court decides to deviate.
Tax Exemptions
Child support orders may address which parent claims the child as a dependent for tax purposes. This issue should be negotiated as part of the overall support arrangement.
College Expenses
North Carolina courts cannot order parents to pay for a child's college education beyond the age when child support obligations normally end. However, parents may voluntarily agree to contribute to college costs and should put any such agreement in writing.
Whether you're seeking child support for your children or facing a support obligation, understanding these North Carolina child support basics provides a foundation for protecting your rights and your children's welfare. Given the complexity of child support calculations and the significant financial implications involved, consulting with an experienced family law attorney ensures you navigate the process effectively and achieve a fair outcome for your family.