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Montgomery Family Law
Divorce & Family Law > Child Support

North Carolina Child Support

In North Carolina, child support guidelines, rather than “laws,” have been enacted. They create a rebuttable presumption of the reasonable monthly amount of child support payments. You should note that these child support guidelines are presumptive, that is, the court will follow them in most cases. They can be deviated from only when their application would be inequitable in some substantial way. Also, you will need to provide the income verification including two months worth of pay stubs or an employer's statement. If you are self-employed, then you will need to supply records for receipts and expenses. Also, you must provide your most recent tax returns, both federal and state. Child support court rules require your spouse to do the same thing.

How Long Does Child Support Last?

You should be aware that a noncustodial spouse's child support obligation continues until the child reaches age eighteen except that if the child is otherwise emancipated, payment will terminate at that time. If the child is still in primary or secondary school when she reaches age eighteen, the court (in its discretion) usually will order child support payments to continue until she graduates, otherwise ceases to attend school on a regular basis or reaches age 20, whichever comes first. A party by agreement may obligate himself or herself to make such payments beyond these time limits. There is no legal obligation of a supporting spouse to pay for college education expenses. This obligation arises only if the supporting spouse voluntarily agrees to assume it.

Both child custody and child support are issues that either party can raise any time before the child turns eighteen. Either spouse can petition the court to change its prior order of custody or child support based on a showing by the moving party that circumstances have substantially changed.

Child support is not taxable as income to the receiving spouse and is not a deduction to the paying spouse. The Federal tax exemption for each child normally goes to the custodial parent who has the child the majority of the time. This deduction, however, can go to either parent if both parents agree or to the non-custodial parent by court order.

Montgomery Family Law is seasoned in the mediation of child support in North Carolina. We know how to apply North Carolina child support laws. Contact us today for assistance or see our child support calculator to determine your estimated child support payments.