Both parents have a responsibility to contribute to the financial support of their children. When parents live separately, determining how that responsibility should be divided can become complicated.
A child support case may involve more than comparing two paychecks. The amount of support can be affected by the parenting schedule, childcare expenses, health insurance premiums, medical needs, income from multiple sources, prior support obligations, and other circumstances.
At Hartsell & Williams, P.A., we help parents understand how North Carolina child support law applies to their families. Our attorneys represent clients in initial support actions, negotiations, contested hearings, modifications, enforcement proceedings, and cases involving unpaid support.
Whether you expect to receive support or may be required to pay it, we can help you seek an accurate and legally appropriate result.
Contact Hartsell & Williams, P.A. to discuss your case with a Concord child support attorney.
In most cases, North Carolina courts calculate child support using the North Carolina Child Support Guidelines.
The guidelines consider factors that may include:
The resulting amount is generally presumed to meet the child’s reasonable needs while considering each parent’s relative ability to contribute.
However, guideline calculations can become complicated when income fluctuates, a parent owns a business, compensation includes bonuses or commissions, or the parents disagree about the number of overnights or allowable expenses.
Child support is ordinarily based on gross income before taxes and other routine deductions.
Income may include:
Some forms of public assistance and certain benefits received on behalf of a child may be treated differently.
A complete and accurate calculation requires careful review of each parent’s actual income. Pay stubs alone may not provide the full picture, particularly when a parent is self-employed or receives income from several sources.
WORKSHEET A: PRIMARY PHYSICAL CUSTODY
Worksheet A is generally used when one parent has the child for fewer than 123 overnights per year.
The parent with the majority of overnights is typically considered the primary custodial parent for guideline purposes. The other parent generally pays a calculated amount of support.
WORKSHEET B: JOINT OR SHARED PHYSICAL CUSTODY
Worksheet B is generally used when each parent has the child for at least 123 overnights per year and each parent assumes financial responsibility for the child during that parent’s custodial time.
The calculation considers:
Shared physical custody does not necessarily eliminate child support. A parent may still owe support depending on the parents’ respective incomes, number of overnights, and expenses.
WORKSHEET C: SPLIT CUSTODY
Worksheet C may apply when the parents have more than one child and each parent has primary physical custody of at least one child.
Selecting the correct worksheet is essential. A disagreement over parenting time or the applicable worksheet can significantly affect the resulting support obligation.
The amount of child support may be affected by the number of overnights the child spends with each parent. However, custody and child support remain separate legal issues.
A parent cannot ordinarily refuse to pay court-ordered support because the other parent has denied visitation. Likewise, a parent generally cannot deny parenting time because support has not been paid.
Violations of custody and support orders should be addressed separately through the proper legal process.
Calculating support for a self-employed parent can be significantly more complicated than reviewing a regular paycheck.
Self-employment income may require analysis of:
Business deductions claimed for tax purposes are not always treated the same way for child support purposes. The court may examine whether claimed expenses are reasonable and necessary to produce income.
Financial records that may be important include tax returns, profit-and-loss statements, balance sheets, bank records, credit card statements, payroll records, and business ledgers.
The cost of providing health insurance for the child may be included when coverage is available at a reasonable cost.
The relevant figure is generally the portion of the premium attributable to the child, rather than the parent’s entire family insurance premium.
A support order may establish how parents will divide expenses not covered by insurance.
These expenses can include:
Certain extraordinary expenses may be considered. Depending on the child’s needs and the parents’ finances, these may include:
The court considers whether the expense is reasonable, necessary, and appropriate under the circumstances.
A parent may not intentionally reduce income or remain unemployed simply to avoid supporting a child.
In appropriate cases, a court may calculate support based on a parent’s earning capacity rather than the parent’s reported income. This is sometimes called imputing or attributing income.
The court may consider factors such as:
A genuine job loss, disability, career transition, or reduction in hours is not automatically treated as bad faith. These cases depend heavily on the evidence and the parent’s particular circumstances.
Parents may reach an agreement concerning child support through a separation agreement, consent order, or voluntary support agreement.
However, child support is considered a right belonging to the child. A private agreement does not always prevent a court from reviewing whether the amount adequately meets the child’s reasonable needs.
An agreement that seems simple today may create uncertainty later if the terms are incomplete or unclear.
Before signing an agreement, parents should understand:
The guideline amount is presumed to be appropriate in most cases. However, either parent may ask the court to deviate from the guidelines.
A deviation may be considered when applying the guidelines would not meet the child’s reasonable needs or would exceed those needs, considering each parent’s ability to pay.
A deviation proceeding may require evidence concerning:
Deviation cases require detailed financial preparation and are more complex than a standard worksheet calculation.
The Child Support Guidelines apply only up to a specified combined monthly income level. When the parents’ combined income exceeds the upper limit of the guidelines, the court determines support based on the child’s reasonable needs and the parents’ relative ability to provide support.
High-income cases may require a detailed examination of:
A high income does not automatically justify every requested expense. The court considers the child’s reasonable needs in light of the family’s circumstances.
A parent or eligible custodian may pursue child support through:
The appropriate method depends on the family’s circumstances, whether paternity is disputed, whether other domestic claims are pending, and whether the parties are likely to reach an agreement.
A court may order ongoing support and may, in certain circumstances, address financial support for a period before the filing of the action.
Claims involving past support are fact-specific. The court may consider the child’s expenses during the relevant period, payments already made by the other parent, the parties’ incomes, and whether a prior agreement existed.
Parents should preserve records of payments and child-related expenses. Cash payments made without receipts or documentation can be difficult to prove later.
A parent does not have to be married to seek child support. Both parents have a duty to support their child regardless of marital status.
When the parents were not married, paternity may need to be legally established before support can be ordered.
Paternity may be established through:
Establishing paternity may affect child support, custody, inheritance, access to medical history, and other legal rights.
A support order may require payments through the North Carolina Child Support Centralized Collections system. In other situations, payments may be made directly between the parties.
Regardless of the method, payments should be properly documented.
A parent paying support should avoid:
Purchasing clothing, paying for activities, or giving money directly to the child may not receive credit against the required support payment unless the order or the other parent expressly recognizes those payments.
A child support order may be modified when there has been a substantial change in circumstances. Changes that may support modification include:
North Carolina may also recognize a presumption of changed circumstances when an existing order is at least three years old and application of the current guidelines would change the support amount by at least 15 percent.
A support obligation does not automatically change when a parent loses a job, changes custody schedules, or experiences another financial event. The existing amount generally remains due until the order is formally modified.
For that reason, a parent who can no longer comply with an order should seek legal advice promptly. Waiting can result in arrears that may be difficult or impossible to reduce retroactively.
When a parent fails to pay court-ordered support, the recipient may seek enforcement.
Depending on the circumstances, enforcement methods may include:
In a contempt proceeding, the court may consider whether the parent had the ability to comply with the order and willfully failed to do so.
A parent who is unable to pay should not simply stop making payments. Filing a timely request for modification is often critical.
Arrears are past-due child support amounts. Once a payment becomes due under a court order, it generally becomes a vested obligation.
The court’s ability to forgive or retroactively modify accrued arrears is limited. Even when parents later agree to a lower amount, their informal agreement may not eliminate support that has already become due under the existing order.
Parents should address financial changes as soon as they occur rather than allowing unpaid support to accumulate.
Child support generally continues until a child turns 18.
Support may continue beyond age 18 when the child is still attending primary or secondary school. In that situation, support may continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever occurs first.
Support may end earlier in certain circumstances, such as emancipation.
When an order covers more than one child, the total payment may not automatically decrease when the oldest child reaches the age at which support ends. The wording of the order and the guideline calculation must be reviewed to determine whether a modification is necessary.
North Carolina courts generally cannot require a parent to pay college expenses as ordinary child support after the child has aged out of support.
Parents may voluntarily agree to contribute to college tuition, housing, books, fees, transportation, or other educational expenses. When included in a properly drafted agreement, those promises may become enforceable contractual obligations.
Parents considering a college-expense provision should define:
Our attorneys can assist with:
Our goal is to help clients reach support arrangements based on reliable financial information and a correct application of North Carolina law.
A custody decision can affect your relationship with your child for years. The earlier you understand your rights and options, the better prepared you will be to protect what matters most.
Hartsell & Williams, P.A. represents parents and families in Concord, Cabarrus County, and surrounding North Carolina communities in child custody negotiations, mediation, hearings, modifications, and enforcement proceedings.
Contact Hartsell & Williams, P.A. today to schedule a consultation with an experienced child custody attorney.
This page provides general information about North Carolina law and is not legal advice. Reading this page or contacting the firm does not create an attorney-client relationship.
