About Child Support in North Carolina

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 below. 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 make sure the worksheets are done properly and may be able to challenge this presumption.

Q: Where can I find the NC Child Support Guidelines?

A: The NC Guidelines may be viewed at: NC Guidelines

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.

1. Worksheet A (primary)
2. Worksheet B (shared)
3. Worksheet C (split) 

Q: What are some documents needed to calculate child support?

A: Some of the most common documents relating to the accurate calculation of support include:

1. Tax returns
2. paystubs
3. the cost of health insurance
4. the cost of daycare
5. 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.

Q: How long does it take to review a child support order?

A: 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.

Q: Can I do it myself?

A:  You may have a hard time doing it completely by yourself, but each county provides child support services. You will need to contact the county in which you live and complete an application. See the below links for more information.

1. Wake County Child Support Services
2. Durham County Child Support Services
3. Johnston County Child Support Services

Q: Do I need a lawyer?

A: Some would say "don’t have a fool for a client by representing yourself." A better question may be "What happens if I screw it up?" Well, the answer to that is "it depends." If an order is entered and you are not happy with the judge’s decision, it may be three years before you can have it modified. Be wise, be informed, don’t overlook the nuances of child support. If you can afford it, don’t take your chances, hire a lawyer to do it right the first time. Often it costs more to try and correct a mistake or a wrong calculation or some other error after the fact.

Q: What are the key provisions of child support statutes in North Carolina?

A: In North Carolina, child support statutes are governed by General Statutes Chapter 50, which outlines the responsibilities of parents and the procedures for establishing and enforcing child support:

1. Parental Responsibility: Both parents are primarily responsible for the financial support of their minor children. This includes obligations for health and education and maintenance needs. 
   
2. Establishing Child Support: Child support can be established through various means, including voluntary agreements, court orders, or through the Child Support Enforcement Agency. Parents can file a civil complaint in district court to initiate support proceedings. 
   
3. Calculation of Support: The amount of child support is typically determined based on guidelines that consider the parents’ incomes, the needs of the minor child, the standard of living the child would have enjoyed child, if the parents had not separated. The guidelines are reviewed periodically to ensure they remain appropriate. 
   
4. Enforcement: The statutes provide mechanisms for enforcing child support orders, including wage garnishment and other legal actions to ensure compliance. Failure to pay child support can result in penalties, including the suspension of licenses. 

Q: Can child support court orders be modified?

A: Modification of Orders: Child support orders can be modified based on changes in circumstances, such as changes in income or the needs of the child. Parents can request a review of the support amount every three years or sooner if there is a significant change in circumstances.

Q: Where can I find the North Carolina Child Support Statutes?

A: Here you can find North Carolina Child Support Statutes that are directly related to the issue of child support.

Q: How do I challenge the NC CSGL?

A: 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. 

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