North Carolina Child Support Calculation Laws

Having child support payments that put an unreasonable strain on your income can cause a lot of stress. To help, this article will explain what North Carolina uses to make child support calculations, discuss the variables involved, and help you get an idea of your potential payment amount.

North Carolina Child Support Calculation Laws - The Basics

Determining child support payments is no easy task. Given the wide range of incomes involved, a system needs to apply a standard of fairness that applies to all. To accomplish this, the courts are expected to use the guidelines provided by the Conference of Chief District Court Judges. These are reviewed every four years to make sure they're still effective. If not, they're changed to become so.

North Carolina recognizes three different custodial arrangements that are at the heart of the child support payment calculation process. These are based on determining the custodial parent and the noncustodial parent. Specific worksheets from Child Support Services (CSS) are employed to help give a rough estimate of child support obligations:

• Primary custody: Under primary custody, one parent is the primary caretaker. North Carolina considers custody of a child or children for at least 243 overnights per year as the determining factor. In this situation, Worksheet A is used for an estimate.

• Shared custody or joint custody: If the birth parents have a more equal distribution of the parenting load, they may qualify as having shared, or joint, custody. If each parent had custody of a child or children for a minimum of 123 overnights per year, Worksheet B is the calculator of choice.

• Split custody: This applies if there are multiple children in need of child support. If each birth parent has the required number of overnights and is considered the primary caregiver of at least one child, North Carolina considers this split custody. Worksheet C is used for split custody calculations.

Determining the type of custody is the first step in determining child support requirements and getting a court order for child support.

North Carolina Child Support Calculation Laws - The Calculation Process

It takes two people to create a child. Both are expected to provide for that child until age 18 (20 if they don't graduate high school). That requirement doesn't vanish if they're no longer involved in a relationship, but it does affect how the children are cared for. The income of both parents figures into the equation.

North Carolina determines how much income the parents would generate together and uses it to calculate how much would have been spent on the kids in a two-parent household. This income shares model calculates how much child support is required. The system operates in the following way:

Step One - Determining Combined Gross Income

The goal of the income shares model is to ensure children receive the same financial support they would have if their parents were raising them in a two-parent household. Most couples raising kids together pool their financial resources. North Carolina combines the monthly gross incomes of the birth parents to figure out how much would have been spent on the children.

Gross income is more than a paycheck received from an employer or what a self-employed person earns. It's all income earned less deductions. It includes income you receive in the form of money, goods, property, capital gains, and services. Social Security and alimony may count as income as well.

Deductions are then applied. These can include alimony payments, other child support payments, work-related childcare expenses, and any other costs authorized by North Carolina. The gross incomes of each parent are then joined to create the final gross combined income amount.

Step Two - Determining the Basic Child Support Obligation

Coming up with a basic child support obligation is one of the easier tasks in the process. The Schedule of Basic Support Obligations table is consulted by looking up the combined gross income amount and cross-referencing it by the number of children requiring child support. The result is the basic child support obligation.

Let's say a pair of birth parents have a gross combined income of $5,000 a month and two children eligible for child support. According to the table, they'd owe $1,349 per month between them. If they only have one child, it's $896 instead.

Step Three - Determining the Presumptive Child Support Obligation

At this stage, other expenses are added to the basic child support obligation. These include:

• Child care costs

• Extra medical expenses

• Healthcare expenses

• Transportation costs

• Daycare expenses

• Health insurance premiums

• Other extraordinary expenses

• Whatever other child-related expenses that are necessary to meet the reasonable needs of the child for health, education, and maintenance

This new total is the presumptive basic child support obligation.

Step Four - Determining the Final Child Support Obligations

The final step addresses any disparity in income between the birth parents. The percentage each parent contributed to the gross combined income is applied to the presumptive basic child support obligation to determine the final amount of child support. The parent who owes more is required to make child support payments through the NC Child Support Centralized Collection (NCCSCC) operation.

In step two we created a couple with a joint combined monthly income of $5,000 and two kids. We determined they'd owe $1,349 between them. Let's say the custodial parent contributed 25% of the gross combined income and the noncustodial 75%. The noncustodial parent would have an obligation of $1,011.75 (75% of $1,349 = $1011.75) in child support each month.

North Carolina's Child Support Calculation Laws - Deviating From Support Obligations Schedule

Judges are supposed to use the North Carolina Schedule of Basic Support Obligations table in most child support cases. Under certain circumstances, deviations are permitted. If a separation agreement is in place with provisions for child support included, the court can let that remain.

While the best interests of the child guide the court, they strive to keep payments just and appropriate. If the Schedule would force a parent's income below the self-support reserve (poverty level), the court can rule they owe a minimum of $50 per month instead. The courts also have leeway if the gross income of the parents is over $40,000 per month.

North Carolina Child Support Calculation Laws - Reference

Child support calculation in North Carolina is confusing. To help keep what you've learned accessible, important points are recapped in the table below. Links for further research are included as well.

Disclaimer: North Carolina laws change through the passage of new legislation, ballot initiatives, and higher court rulings that include federal decisions. While we strive to provide updated information, it's a good idea to speak with a family law attorney to confirm current North Carolina state laws.

North Carolina Child Support Calculation: Additional Resources

• North Carolina Child Support Services

• North Carolina Child Support Guidelines

• North Carolina Child Custody Laws

• North Carolina Child Support Payments

• North Carolina Child Support Enforcement

• Child Support by Agreement Overview

Issues With a Child Support Order Calculation in North Carolina? An Attorney Can Help

Calculating child support in North Carolina can seem confusing and overwhelming. It's critical to understand the process because it impacts your child's welfare. To learn about your potential child support obligations or to get legal advice on calculating child support, speak to an experienced North Carolina child support attorney.