Understanding Child Support Laws In North Carolina

In North Carolina, child support is based upon several factors, including your gross income, the number of children you support, health insurance costs and any extraordinary expenses your child may have.

Ellis Family Law, P.L.L.C., has more than 50 years of combined experience serving clients throughout the Triangle area from our office locations in Durham, Pittsboro and Wake Forest. Our firm also has a number of family law specialists who have been board-certified by the North Carolina Board of Legal Specialization. We can guide you through the process used to determine child support and protect your interests, whether you expect to receive child support or pay it.

How Child Support Is Calculated

Your child custody and visitation agreement may affect the amount of child support you are entitled to receive or are obligated to pay. North Carolina uses three guidelines for child support:

• Worksheet A is used when one parent has the child for less than 123 overnights during a year.
• Worksheet B is used when each parent has the child for at least 123 overnights during a year and there is a true sharing of expenses.
• Worksheet C is used when there is more than one child and the children live with different parents.

The amount of child support determined by the worksheet is presumed to be reasonable. You can deviate from that amount. However, you must prove that the amount of support calculated is not reasonable because: a) it either exceeds or does not meet the needs of your child, or b) due to extreme circumstances, you do not have the ability to pay that amount. Deviations are rarely granted.

When The Guidelines Do Not Apply

The presumptive guidelines are applied in most cases. However, if the needs of the children cannot be met by the presumptive guideline amount, a party may  motion to deviate from the guidelines. Additionally, if the parents’ combined incomes exceed $30,000 per month, the actual needs of the children, their accustomed standard of living and the parents’ abilities to pay support are considered by the court to determine a fair child support amount. Remember, both parents have a duty of child support. The child is not simply the financial responsibility of the noncustodial parent.

Do Your Child Support Orders Need To Be Modified?

Life changes after a divorce or after unmarried parents break up, and the needs of the children will change as well. When a significant change of circumstances occurs, it is often necessary to modify existing child support orders.

There are many reasons changes to child support orders may be necessary. Some of the most common factors include:

• Changing needs of the child, such as for medical or educational needs
• A significant change in the paying parent’s income
• A change in physical custody of the child
• The end of the support obligation for one child when there are multiple children included in the support order

Some child support modifications go smoothly and are agreed upon by both parents. In some cases, however, one spouse may believe a modification is warranted to the strong objection of the other.

Our attorneys have significant experience handling both sides of this issue. If you are seeking a modification or your child’s other parent is seeking one you don’t feel is fair or needed, we can provide you with the strong, attentive representation you need.

Enforcing Child Support Orders

If a co-parent fails to make their child support payments, you have options. The North Carolina Child Support Enforcement (CSE) can take certain actions to enforce a child support order, such as:

• Freezing bank accounts
• Suspending or revoking driver’s licenses or other professional licenses
• Putting a lien on the co-parent’s property
• Withholding wages, unemployment or disability benefits

If these steps fail to yield any results, the nonpaying co-parent may be held in contempt of court for failing to follow the terms of the child support order. This can lead to hefty fines and even jail time. We can help you hold a nonpaying parent accountable for their child support payments.

Protecting Your Interests In Child Support Matters

For more information about child support or any family law matter, call Ellis Family Law in Durham, Pittsboro or Wake Forest at 919-944-4811, or provide us more information through our online contact form and we will schedule a consultation.