North Carolina Child Support Guidelines

North Carolina has child support guidelines in place to aid judges in determining who gets financial support and how much. The process and formulas involved in creating the basic child support obligation are complicated.

Child support consists of payments made from one birth parent to the other. This is done to ensure the child/children have their basic needs provided for. If you’re making child support payments, it’s normal to wonder how judges in North Carolina know what needs to go into a child support court order.

In this article, we’ll take a look at the guidelines judges use to determine child support rulings and explain when a judge can use different methods.

North Carolina Child Support Guidelines – Requirements and Background

The child support guidelines were created by the Conference of Chief District Court Judges. They must review and update the guidelines at least once every four years to ensure they’re still effective. Public hearings provide interested citizens an opportunity to comment on the guidelines. Written comments from agencies, attorneys, judges, and members of the public are also considered.

Who Pays Child Support?

Regardless of their personal relationship, both birth parents are required to provide for their children.

In most child custody situations, the parent the children spends the most time living with is the custodial parent. This is determined by the number of overnights the child lives with each parent. If a child spends at least least 243 nights a year with one parent, that parent is considered to have primary custody.

The other birth parent is the noncustodial parent. It’s common for the noncustodial parent to make child support payments to the custodial parent.

If both parents have the child for at least 123 overnights a year, then the parents have what is called shared custody. Child support is often still paid in shared custody situations.

Child support payments in North Carolina are processed through the NC Child Support Centralized Collection (NCCSCC) operation. The state’s preferred method is direct deductions taken from the noncustodial parent’s paycheck by their employer. Other methods are available, as well as plans for the self-employed.

What Does Child Support Cover?

North Carolina child support calculations are so complex that we’ve dedicated an entire article to explain how they work. To help create child support agreements that are fair for the parents and consider the needs of the child/children, North Carolina depends on a set of guidelines.

Child support is intended to ensure that there’s adequate financial support from their birth parents for children to have their needs met. Types of expenses considered by North Carolina child support guidelines include:

• Food

• Shelter

• Clothing

• Educational expenses

• Health insurance premiums

• Work-related child care costs

• Daycare and childcare expenses

• Medical costs and dental costs (a minimum of $250 a year)

Other extraordinary expenses are possible as well.

North Carolina Child Support Guidelines – How They’re Used

Unless there are qualifying conditions such as a separation agreement, judges must use North Carolina child support guidelines to set a temporary or permanent child support order.

North Carolina uses an income shares model to determine child support. This system assumes that child support is a shared parental obligation and that a child should receive the same proportion of parental income they would have received if the child’s parents lived together.

The adjusted gross income of both birth parents is combined as a starting point. Gross income also includes pensions, retirement plans, and Social Security payments.

Under the North Carolina child support guidelines, the court then applies the combined gross income to the Schedule of Basic Support Obligations table. This provides the amount required each month for child support.

Other factors such as who the custodial parent is, the number of children involved, and the percentage each parent contributed to the gross income total are applied to determine the final child support payment totals.

If the parents’ combined income is more than $40,000 per month, the court can’t use the Support table. The judge can use other means to determine an amount of child support that meets the reasonable needs of the child for health, education, maintenance, and accustomed standard of living.

When Can Judges Deviate From the Guidelines?

Judges may deviate from the guidelines if the payments are unjust or inappropriate. Examples include:

• If 100% of the child support obligation and 100% of the health insurance expenses falls on one parent

• If the state-mandated child support payment would put the parent’s income below the self-support reserve

• If the total amount of child support exceeds or falls below the reasonable needs of the child

Other exceptions are possible.

A minimum payment of $50 is possible in cases where the parent is unable to support themselves and pay the guidelines amount.

North Carolina Child Support Guidelines – Review

Making sure children receive the financial support they require is a primary concern for North Carolina. The state’s child support guidelines provide a uniform set of rules to balance providing for the children while not impoverishing the parents. The table below offers a recap of what the guidelines do and contains links for further research.

Disclaimer: North Carolina state laws are subject to change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most up-to-date information available, speak with a North Carolina family law attorney to confirm current state laws.

North Carolina Child Support Guidelines: Related Resources

• North Carolina Child Support Payments

• North Carolina Child Support Enforcement

• Child Support by Agreement Overview

• NC Child Support Services

• North Carolina Child Support Modification

Need Help With North Carolina Child Support Guidelines? Speak With a Family Law Lawyer

North Carolina child support laws are complicated. If you need legal advice for a child support case, talk with an experienced North Carolina family law attorney. They’ll examine the custody arrangement, determine if you have any significant changes that might affect your current payments, and represent you in court.