In the absence of pleading and proof that the circumstances otherwise warrant, the father and mother shall be primarily liable for the support of a minor child.
How the court sets the child support amount
Payments ordered for the support of a minor child shall be in such amount as to meet the reasonable needs of the child for health, education, and maintenance, having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, the child care and homemaker contributions of each party, and other facts of the particular case.
Upon request of any party, the Court shall hear evidence, and from the evidence, find the facts relating to the reasonable needs of the child for support and the relative ability of each parent to provide support.
Where the guidelines come from
The Conference of Chief District Judges shall prescribe uniform statewide presumptive guidelines for the computation of child support obligations, including retroactive support obligations, of each parent as provided in Chapter 50 or elsewhere in the General Statutes.
Periodically, but at least once every four years, the Conference of Chief District Judges shall review the guidelines to determine whether their application results in appropriate child support award amounts.
Shared and joint custody
An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child.
Joint custody to the parents shall be considered upon the request of either parent.
Between the parents, whether natural or adoptive, no presumption shall apply as to who will better promote the interest and welfare of the child.
When the court departs from the guidelines
If the court orders an amount other than the amount determined by application of the presumptive guidelines, the court shall make findings of fact as to the criteria that justify varying from the guidelines and the basis for the amount ordered.
Payment structure
Payments ordered for the support of a minor child shall be on a monthly basis, due and payable on the first day of each month.
Questions people ask about child support in North Carolina
How does a North Carolina court calculate child support?
The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of this section.
How does shared custody affect the support calculation?
The guidelines shall include a procedure for setting child support, if any, in a joint or shared custody arrangement which shall reflect the other statutory requirements herein.
Can the judge order less or more than the guidelines say?
If, after considering the evidence, the Court finds by the greater weight of the evidence that the application of the guidelines would not meet or would exceed the reasonable needs of the child considering the relative ability of each parent to provide support or would be otherwise unjust or inappropriate the Court may vary from the guidelines.
When does child support end in North Carolina?
Payments ordered for the support of a child shall terminate when the child reaches the age of 18 except: if the child is still in primary or secondary school when the child reaches age 18, support payments shall continue until the child graduates, otherwise ceases to attend school on a regular basis, fails to make satisfactory academic progress towards graduation, or reaches age 20, whichever comes first, unless the court in its discretion orders that payments cease at age 18 or prior to high school graduation.
Does the time I spend on video calls with my child affect the support amount?
The amount of time electronic communication is used shall not be a factor in calculating child support or be used to justify or support relocation by the custodial parent out of the immediate area or the State.
What happens if the other parent stops paying?
An order for child support that provides for periodic payments is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Talk with Martine Law about child support
Acting early gives you more options when support terms need to be set or changed. Martine Law handles child support matters across North Carolina. Call for a confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.