How to Calculate Child Support
To calculate child support in North Carolina, you or your lawyer must begin with the North Carolina Child Support Guidelines. The Child Support Guidelines are based on the income shares of the parents. You can find the Guidelines here. The court presumes the amount resulting from the Guidelines is fair and adequate to meet the needs of the minor child(ren). Child support lawyers can challenge this presumption.
There are three Worksheets to choose from. Worksheet A is used when one parent has primary custody of the minor child(ren), Worksheet B is used when both parents have shared custody (at least 123 overnights) and Worksheet C is used when custody of two or more children are split between the parents. Once you determine the Worksheet, you must have accurate and current information from both parties to properly calculate support.
Some of the most common documents relating to the accurate calculation of support include: Tax returns, paystubs, the cost of health insurance, the cost of daycare, and any other extraordinary expenses such as ongoing medical issues, tutors, braces and counseling. An experienced child support lawyer will ensure the order is entered with the most relevant information. In North Carolina, the passage of three years is typically necessary for a review of child support order. Thus, having an attorney at the beginning is paramount.
How to Challenge the NC CSGL
The North Carolina Child Support Guidelines are presumed to be fair and adequate for child support, but they may be challenged. Either party may ask the court to deviate from the Guidelines either requesting a higher, or lower amount of support. If you are going to ask the court to deviate, you are strongly encouraged to retain an experienced child support lawyer to help you. It is not an easy task to convince a judge to deviate from the Guidelines. Deviations are granted, but are certainly not an everyday occurrence. Every circumstance is unique and must be fully discussed with an experienced attorney in order to determine if you have an opportunity to file a Motion to Deviate.
