Child Support

In North Carolina, parents have a legal duty to financially support their children until they reach 18 years of age and have graduated from high school. Child support arrangements must be fair for both the child and the parents. The amount of support each parent is obligated to pay is generally based upon the proportion his or her income contributes toward the total income of the parties.

In most cases, the amount of child support a parent is obligated to pay is calculated according to the North Carolina Child Support Guidelines. In certain circumstances, these guidelines do not apply, and in those cases, child support will be calculated based upon the needs of the child and the ability of the parents to pay support.

What to Consider:

  • Financial Contribution:

    Child support is a monetary payment made by the non-custodial parent to the custodial parent. 

  • Purpose:

    It covers the child’s basic living expenses and helps maintain a standard of living similar to what the child would have if the parents were still together. 

  • Who Pays:

    The non-custodial parent, meaning the parent who doesn’t have primary physical custody of the child, is typically responsible for child support payments. 

  • Who Receives:
    The custodial parent, or the parent who has primary physical custody, receives the child support payments.

How it Works:

  • Determining Support:

    In many jurisdictions, including North Carolina, child support is calculated using guidelines that consider factors like parental income, the number of children, and the time each parent spends with the child. 

  • Court Orders or Agreements:

    Child support can be established through court orders, or parents can agree on an amount through a voluntary support agreement or separation agreement. 

  • Enforcement:
    Child support orders can be enforced by the court or through the state’s child support enforcement agency. 

In North Carolina:

  • Child Support Services:

    North Carolina Child Support Services (CSS) provides assistance with locating non-custodial parents, establishing paternity, setting up support orders, and enforcing those orders. 

  • Income Shares Model:

    Child support is calculated using the Income Shares Model, which considers the income of both parents and the needs of the child. 

  • Enforcement Tools:
    CSS uses various tools to enforce child support orders, including income withholding, where employers deduct payments from the non-custodial parent’s paycheck. 

Considerations:

  • Legal Advice: It is crucial to seek legal advice to ensure the agreement is fair, comprehensive, and enforceable. 
  • Full Disclosure: Both parties should fully disclose all assets and debts to ensure a fair agreement. 
  • Modification: Agreements can be modified, but typically require a new written agreement.