Divorce can be one of life’s greatest challenges. If children are involved, it dramatically raises the emotional, practical, and financial consequences. Whether you’ve started the divorce process or are considering separating, you may have questions about child support in North Carolina.
We recommend contacting one of our knowledgeable divorce attorneys for answers about your situation. In the meantime, we’ve prepared this guide to explain key points about how child support works in North Carolina.
Who Pays Child Support in North Carolina?
In North Carolina, both parents have legal obligations to support their children financially. If the parents have an equal custody schedule, neither one may be required to pay child support.
However, if the child spends more time with one parent, the other will typically need to pay child support in North Carolina. Generally, the more time the parent spends with their children, the less child support they must pay.
Only the non-custodial parent must make support payments if they have their child fewer than 123 overnights annually. The legal system assumes that the custodial parent (the one with at least 242 overnights) already spends the required support directly on the child.
Support payments usually continue until the child turns 18 but may continue until age 20 if the child hasn’t yet graduated and remains in high school.
How Is Child Support in North Carolina Calculated?
The North Carolina Child Support Guidelines typically govern support amounts. The state offers three worksheets to help calculate the amount, depending on whether you have sole, shared, or split child custody.
While uncommon, some child support orders deviate from these statewide guidelines. For example, in cases of high combined parental income exceeding a certain threshold, a judge will set the support amount instead of using the typical schedule.
Child support formulas consider the following:
- The income of each parent
- The number of overnights the child has with each parent
- The number of children needing support
- The expenses of the children
In calculating parental income, the guidelines consider a wide variety of sources, including the following:
- Salary or wages
- Bonuses and commissions
- Pensions and severance pay
- Social Security benefits
- Worker’s compensation income
- Capital gains or annuities
- Alimony from an ex-spouse
- Lump-sum payments of personal injury settlements or lottery winnings
Income calculations do not typically include public assistance benefits or support payments for other children.
What Does Child Support in North Carolina Cover?
Child support is designed to help cover the daily needs of children after a divorce, including the following:
- Housing
- Clothing
- Food
- Education
- Transportation
- Medical expenses
- Entertainment
The courts may also consider extraordinary expenses beyond the basic support amount. These may include costs associated with private school tuition, special sports training, or transporting the child between the parents’ homes. Parents don’t always agree on what constitutes extraordinary expenses and may need to take the matter before a judge.
Even with the basic support amount, the paying parent may think the receiving parent is misusing the funds. However, in many cases, not much can be done about it. The custodial parent can typically use the funds as they see fit and do not owe any explanation to the paying parent.
One exception is if you believe the custodial parent isn’t meeting the child’s basic needs. If your child is wearing dirty or ill-fitting clothes, isn’t attending school, is underfed, and/or is in poor health, contact an attorney to discuss your options.
How Can a Divorce Attorney Help Me?
The basic process of filing for child support in North Carolina involves the following:
- Filing a petition with the court
- Calculating child support payment amounts
- Negotiating with the other parent to agree on an amount
- Drafting a child support settlement agreement
- Presenting your case before a judge
Although an attorney is not required for all these tasks, they can provide invaluable guidance. A North Carolina child support lawyer can assist you throughout the process, including the following:
- Explaining how child support in North Carolina works
- Calculating the appropriate payment amount
- Advocating for a fair child support payment
- Presenting your case in court in an organized and complete fashion
- Explaining the consequences of failing to follow a child support order
- Requesting child support payment modifications when needed
Contact a North Carolina Divorce Lawyer Today
Even with helpful guidelines and worksheets, determining child support in North Carolina isn’t always easy. For legal help, reach out to the experienced team at Triangle Divorce Lawyers. We can assess your situation, answer your questions, and work to ensure that both you and your children are financially protected.
Call 919-303-2020 or contact us online to schedule a case review.
