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North Carolina child support lawyers

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Child support in North Carolina follows a formula, but the inputs to that formula, income, the overnight schedule, health insurance and childcare, are where cases are won and lost. We handle support as part of a divorce or custody case.

How child support is calculated in North Carolina

North Carolina child support is calculated under the North Carolina Child Support Guidelines using an income-shares model. Which worksheet applies depends on the overnight schedule: Worksheet A when one parent has primary custody, Worksheet B when each parent has the child at least 123 overnights a year, and Worksheet C for split custody of multiple children.

The calculation uses both parents' gross incomes, adjusted for health insurance premiums, work-related childcare, and extraordinary expenses. Courts can deviate from the guidelines when the result would be unjust or wouldn't meet the child's reasonable needs, but the party asking for a deviation has to prove it. For combined incomes above the guideline schedule, the court sets support on the child's needs and the parents' ability to pay.

Income, overnights and add-ons

The guideline number depends on both parents' gross incomes, the number of children, how many overnights each parent has, and costs such as health insurance premiums, work-related childcare and extraordinary medical or educational expenses. Hidden or understated income is the most common dispute, and self-employment makes it more complicated. We know what to ask for.

Enforcement and modification

A North Carolina child support order can be modified on a substantial change in circumstances. If the order is at least three years old and the guideline amount would differ by 15 percent or more from the current order, that change is presumed substantial. Enforcement is available through wage withholding, contempt, license revocation and tax refund intercepts, and through the county child support enforcement office.

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Common questions

Until what age is child support paid?

In North Carolina, child support generally continues until the child turns 18. If the child is still in high school at 18, support continues until graduation or age 20, whichever comes first. Support can continue longer only by agreement or for a child who cannot support themselves.

Can we agree to a different amount?

Parents can agree, but the court must approve it and will generally hold the agreement to the guidelines unless there's a good reason to deviate.

What if the other parent won't pay?

Support orders are enforceable through wage garnishment, tax refund intercepts, license suspension and contempt. We can file to enforce an existing order.

Do you take child-support-only cases?

We handle support as part of a divorce, custody or modification case. Tell us your situation and we'll tell you whether we're the right fit.

This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.

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