Understanding how to establish, modify, and enforce a North Carolina child support order is essential for parents navigating the child support system. Whether you're a custodial parent seeking support or a noncustodial parent with support obligations, knowing the process helps ensure children receive the financial support they need while protecting the rights of both parents.
What Is a North Carolina Child Support Order?
A North Carolina child support order is a legally binding court order that requires a parent to provide financial support for their minor child. The order specifies the amount of child support to be paid, when payments are due, and how payments should be made. Child support payments are intended to meet the reasonable needs of the child for health, education, and maintenance.
Ways to Establish a Child Support Order
Child support in North Carolina can be arranged through several methods, each creating enforceable support obligations
Voluntary Support Agreement
Parents may sign a Voluntary Support Agreement that is then approved and signed by a judge. Once the judge signs this agreement, it becomes a court order enforceable by the court and through child support enforcement mechanisms.
Child Support Enforcement Agency
Parents can work with their local Child Support Services office to establish support. The agency assists with locating noncustodial parents, establishing paternity when necessary, determining appropriate support amounts, and obtaining court orders.
Civil Court Action
Either parent or a person caring for a minor child can file a civil complaint in district court requesting a child support order. The complaint must be served on the other parent, who has 30 days to file an answer.
Divorce Proceedings
Child support orders are commonly established as part of divorce proceedings, though parents don't need to be divorced or even have been married to establish child support obligations.
Separation Agreements
Parents can agree on child support amounts in a separation agreement, though court approval may be needed for full enforceability through child support enforcement.
Establishing Paternity for Child Support Orders
Before a child support order can be established for children born to unmarried parents, paternity must be established. The alleged father must acknowledge paternity or be proven the father through the legal process.
Affidavit of Parentage
The most convenient time to establish paternity is at the hospital when the child is born. Both parents complete an Affidavit of Parentage, which becomes a legal finding of paternity. When this document is filed with North Carolina Vital Records, both parents' names are recorded on the birth certificate. The Affidavit of Parentage can also be signed later at a local Child Support Services office if the father cannot be present at the hospital.
Genetic Testing
If there are doubts about paternity, either parent can request genetic testing. DNA testing uses tissue samples, typically swabbed from the inside of the cheek, from the mother, alleged father, and child. The procedure can take place at a Child Support Services office or testing laboratory, with results typically available in four to six weeks. The alleged father may be charged for the cost of testing if proven that be the father.
Court Action
Courts can establish paternity through civil or criminal paternity actions. Once genetic testing determines the father or if the alleged father fails to respond to a court summons, the court establishes paternity and typically enters a child support order.
Establishing paternity provides important benefits for children, including possible knowledge of the father's family medical history, Social Security benefits, death and insurance benefits, and military benefits.
How Child Support Amounts Are Calculated
North Carolina uses statewide Child Support Guidelines to determine the amount of child support. These guidelines calculate support obligations based on the combined gross income of the custodial parent and noncustodial parent, the needs of the children, and the ability of parents to pay.
Application of Guidelines
Courts must order the amount of child support calculated under the Guidelines unless applying them would not meet or would exceed the reasonable needs of the child or would be otherwise unjust or inappropriate. If a court orders an amount different from the Guidelines calculation, it must make findings of fact explaining why the deviation is warranted.
Factors Considered
The guidelines take into account basic income from employment, additional sources of income, the cost of health insurance for the child, childcare expenses, and the number of overnights each parent has with the child. Courts also consider the estates, earnings, conditions, and accustomed standard of living of the child and the parties.
Adjustments Allowed
The guidelines allow adjustments for biological children from other relationships living with a parent, credits for the cost of health insurance paid by either parent, and other relevant factors affecting the child's needs or the parents' ability to pay.
Parents can use online calculators to estimate child support amounts, though these provide only estimates and not official determinations.
Required Information for Child Support Cases
When filing for child support or responding to a child support case, certain information is essential for processing the case efficiently:
Personal Identifying Information
Both parents must provide their Social Security number to the clerk of court. Child support orders must contain the name of each party, the date of birth of each party, and the court docket number. This information helps track cases and enables effective enforcement.
Documentation for Custodial Parents
Those seeking child support should bring documentation of expenses paid for the child, including daycare receipts, medical bills, proof of income, and evidence that other children live in the home if adjustments are being requested.
Documentation for Noncustodial Parents
Those who will be paying child support should bring proof of income, documentation of any payments already made to the other parent, and proof of expenses paid for the children, such as rent, utilities, groceries, clothing, or other necessities.
Birth Certificates and Parentage Documents
Birth certificates establish the child's identity and date of birth. In cases where paternity must be established, an Affidavit of Parentage or a court order establishing paternity is necessary.
Payment of Child Support
Once a court enters an order for child support, payments typically begin on the first day of the month following the judge's signature on the order. Child support payments are ordered every month, due and payable on the first day of each month.
Income Withholding
Income withholding from paychecks is required by law for most child support cases and represents the most effective method of child support collection. For orders initially entered after January 1994, immediate income withholding provisions apply. Employers must begin withholding child support from the employee's first pay period occurring no later than 14 days after receiving the withholding notice, and must send withheld funds to the North Carolina Child Support Centralized Collections within seven business days.
North Carolina Child Support Centralized Collections
All child support payments in North Carolina are processed through the North Carolina Child Support Centralized Collections. Payments can be made through income withholding, direct payments by check or money order, online payments using credit or debit cards, or automatic bank drafts.
Distribution to Custodial Parents
For non-public assistance cases, custodial parents receive payments through the NC ncKIDScard debit card program or through direct deposit to a checking or debit account. Payments are typically deposited within two business days after the noncustodial parent's payment is applied to the case. Custodial parents receiving public assistance have their child support payments used to reimburse the state for assistance received.
Enforcement of Child Support Orders
Establishing a child support order doesn't guarantee the noncustodial parent will pay. North Carolina Child Support Services uses various enforcement tools when noncustodial parents fail to comply with court orders:
Income Withholding
As the single most effective collection method, income withholding can attach wages, Social Security benefits, Veterans benefits, unemployment insurance benefits, and workers' compensation.
Tax Refund Interception
Both federal and state tax refunds can be intercepted when noncustodial parents owe past-due child support. Federal intercept requires arrears of at least $500 for non-public assistance cases or $150 for public assistance cases. State intercept requires arrears of at least $50 for non-public assistance cases.
License Suspension
When a noncustodial parent is 90 days behind in child support payments, courts can order suspension of driver's licenses, professional or occupational licenses, and wildlife licenses. These licenses cannot be reissued until arrears are paid or a satisfactory payment plan is established.
Credit Bureau Reporting
Child support obligations are reported to consumer credit bureaus. Having child support arrearages on a credit record can prevent noncustodial parents from obtaining loans or new credit cards.
Property Liens
When arrears equal three months of the child support obligation or $3,000 (whichever is less), Child Support Services can petition the court to place liens on the noncustodial parent's real or personal property.
Bank Account Levies
When arrears equal six months of the child support obligation or $1,000 (whichever is less), levies can be placed on financial institution accounts.
Passport Denial or Revocation
Noncustodial parents with arrears exceeding $2,500 are submitted to the U.S. Secretary of State, who can refuse to issue a passport or revoke, restrict, or limit previously issued passports.
Court Action and Contempt
Child support orders are enforceable through civil contempt proceedings. Noncustodial parents who willfully fail to pay can face jail time after being found in contempt of court.
Modifying Child Support Orders
Child support orders can be modified when circumstances change. North Carolina Child Support Services automatically reviews orders every three years for families receiving public assistance. For other cases, either parent can request a review every three years, or at any time if a substantial change in circumstances occurs.
Grounds for Modification
Substantial changes that may warrant modification include significant changes in either parent's income, changes in the child's needs, changes in custody arrangements, or changes in the cost of health insurance or childcare.
Review Process
Child Support Services determines the present income and assets of both parents and the current needs of the children. If appropriate, the agency seeks to modify the order through court action. Modified orders apply the current Child Support Guidelines to the updated circumstances.
Interstate Modifications
When parties live in different states, special rules apply for modifying orders. Generally, the state that issued the original order retains jurisdiction for modifications unless all parties and the child have left that state.
Duration of Child Support Obligations
Child support payments ordered for a child terminate when the child reaches age 18, with several exceptions:
Early Termination
If the child becomes emancipated before age 18, support obligations end at the time of emancipation.
Extension for Students
If the child is still in primary or secondary school when reaching age 18, support continues until the child graduates, ceases attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever comes first. Courts have discretion to order that payments cease at age 18 even for students in some circumstances.
Arrears After Termination
If arrears exist when the child support obligation terminates, payments must continue in the same amount until all arrears and fees are satisfied or until further court order.
Applying for Child Support Services
North Carolina residents can apply for Child Support Services through their local county office or online. A non-refundable $25 application fee is required for non-public assistance services, though some applicants may be eligible for a reduced $10 fee.
Services Provided
Child Support Services provides location of noncustodial parents, paternity establishment, establishment of support obligations, collection and distribution of support, and enforcement of support obligations.
Timeline
The time required to obtain a child support order and receive payments varies depending on case complexity. Factors that can extend processing time include difficulty locating the noncustodial parent, the need to establish paternity, or noncustodial parents living in other states.
Customer Service
The Child Support Services Customer Service Center is available at 1-800-992-9457, providing access to case information and assistance seven days a week through an Interactive Voice Response system, with customer service representatives available during business hours.
Interstate Child Support Cases
When parents live in different states, special rules apply for establishing and enforcing child support orders. North Carolina participates in the Uniform Interstate Family Support Act, which provides procedures for handling cases across state lines.