The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of G.S. 50-13.4.
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.
Where the guidelines come from
Effective July 1, 1990, 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.
The purpose of the guidelines and criteria shall be to ensure that payments ordered for the support of a minor child are 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.
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.
What the court considers when setting the amount
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.
When a judge can order a different amount
If 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.
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.
How shared or joint custody affects the 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.
When and how payments are made
Child support payments shall be on a monthly basis, due and payable on the first day of each month.
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.
What happens if a parent does not pay
An order for the periodic payments of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt.
Questions people ask about North Carolina child support
How does North Carolina decide the amount of child support?
The court shall determine the amount of child support payments by applying the presumptive guidelines established pursuant to subsection (c1) of G.S. 50-13.4. 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.
Can a judge order a different amount than the guidelines say?
If 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. 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.
What if one parent has the children most of the time?
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.
How often are the child support guidelines reviewed?
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.
What day of the month is child support due?
Child support payments shall be on a monthly basis, due and payable on the first day of each month.
Until what age does a parent pay child support 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.
What can be done if the other parent stops paying?
An order for the periodic payments of child support is enforceable by proceedings for civil contempt, and disobedience may be punished by proceedings for criminal contempt. A family law attorney can help you pursue the appropriate enforcement action.
What does the court consider when setting support?
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.
Talk with Martine Law about child support in North Carolina
Acting early gives you the clearest picture of where you stand. Martine Law handles child support matters across all 63 counties in North Carolina, including Charlotte, Raleigh, Greensboro, High Point, Winston-Salem, Durham, and Fayetteville.
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.