Child Support
In North Carolina, both parents have a legal obligation to support their
minor child. In general, child support obligations last until the child
turns 18 years old or is emancipated. In some cases, child support can
last until the child reaches age 20 if he or she has not graduated from
high school. Child support is a claim that either parent can bring to
court at any time prior to the time that the child support obligation
would end under the law.
The purpose of child support is to meet the “reasonable needs”
of the child, including healthcare, educational, and other basic necessities.
In the vast majority of cases, the amount of child support that a court
will order to be paid is determined by the North Carolina Child Support
Guidelines. In this sense, North Carolina child support “laws”
are most essentially defined by the Child Support Guidelines.
The North Carolina Child Support Guidelines offer a guide for reasonable
monthly child support based on each family’s unique factors, including:
- Each parent’s income.
- Amounts owed for other child support obligations.
- Necessary expenses for the child.
Child support is not automatically divided equally and is instead allocated
according to each party’s resources.
If you feel that the recommended child support amount is unreasonable,
your attorney must request special consideration to deviate from the Guidelines.
The request must be made at least 10 days before trial.
North Carolina Child Support Calculation: Parents’ Incomes
Under the North Carolina Child Support Guidelines, child support calculations
are based on the parents' current gross incomes. North Carolina courts
require documents and records to assist in the calculation of these amounts.
However, if a parent is voluntarily unemployed or underemployed, the court
may consider that parent’s earning capacity (i.e., potential income)
when computing child support. This means that the court can determine
that the parent should be earning a certain income and base the child
support amount on the income that the parent should be earning.
However, before making this determination, the court must first make a
specific finding that the parent is acting in “bad faith”
by remaining unemployed or underemployed. The court has relatively broad
discretion to determine if there has been “bad faith” in a
particular case. A common example of “bad faith” would be
quitting a job without a good reason close to the time of the child support hearing.
The Child Support Guidelines do not apply above a certain income amount,
if one or both parents have “high incomes” (defined as
combined income of the parents exceeding $300,000 per year). In these “high income”
child support cases, the court has much broader discretion to determine
the appropriate amount of child support to be paid to meet the reasonable
needs of the child. In these cases, the Child Support Guidelines worksheet
formulas and support schedules are not presumed to be reasonable and are
not required to be followed.
Need help with child support in North Carolina? Give us a call at (919) 348-2317 or
fill out our online contact form to schedule a consultation.
North Carolina Child Support Calculation Documents
In Wake County, every party to a Family Court child support action has
the duty to provide “Initial Disclosures” regarding their
income and expenses related to the child’s needs.
At the time a complaint for child support is filed, the plaintiff should
gather his or her financial documents, provide Initial Disclosures, and
file his or her Certification of Initial Disclosures with the court within
fifteen (15) days after the defendant is officially served with the complaint.
For Initial Disclosures, both parties will be required to provide three
months’ worth of pay stubs, income tax returns for the last two
years, among a list of other financial disclosure documents. Sanctions
may be imposed for failure to comply with these rules.
How Long Does Child Support Last?
Generally speaking, parents have a legal obligation to support their child
until the age of 18, unless the child is legally emancipated at an earlier
age. However, if a child remains in high school after turning 18, the
parents’ obligation continues until graduation, so long as the child
is making satisfactory progress toward completion of high school. Regardless
of whether the child has graduated, child support obligations absolutely
terminate when the child reaches age 20.
Even so, by written agreement or consent court order, a party may voluntarily
commit to make child support payments in an agreed upon amount beyond
the age when child support would otherwise terminate. For example, a parent
may agree to pay for college education expenses.
There is no mandatory legal obligation for a parent to pay for college
education expenses or other expenses of an adult child after child support
terminates. However, if a parent voluntarily agrees to make such payments,
the court will fully enforce this agreement and obligation, so long as
the written agreement (or consent court order) is properly drafted and executed.
How Can Child Support Be Modified?
If there is an existing child support order in place, either parent can
petition the court to change the order by showing that circumstances affecting
the reasonable needs of the child have substantially changed since the
time that the order was first entered.
The North Carolina Child Support Guidelines presume that there has been
a substantial change of circumstances if it has been at least three years
since the entry of the current child support order, or if the parties’
current incomes would change the Guideline amount by at least 15% .
Child Support Tax Implications
Child support is neither taxable as income to the receiving parent nor
a tax deduction for the paying parent. However, the North Carolina Child
Support Guidelines assume that the parent who receives child support is
the parent that is entitled to claim the tax exemptions for that child.
According to the IRS code, the federal tax exemptions for each child go
to the parent who has the child the majority of the time. In most cases,
the parent that is receiving child support is the parent that has the
child the majority of the time.
However, in cases of 50/50 custody there may be circumstances where the
parent receiving child support is not the parent entitled under the IRS
code to claim the tax exemptions. In these cases, you should consider
asking the court to deviate from the Child Support Guidelines.
These tax exemptions can be claimed by either parent if both parents agree.
If the parents are able to agree on child support terms, often they will
agree to alternate claiming the tax exemptions for each child from year to year.
Get Started With Our Child Support Lawyer Today
Montgomery Family Law is a seasoned child support law firm in North Carolina. If a child support
agreement can be reached through negotiation (including through
mediation) we are well-equipped to create a fair and enforceable child support settlement
agreement.
If necessary, we are also skilled and aggressive at litigating child support
in the North Carolina courts. We know how to apply the nuances of North
Carolina child support laws and argue effectively to ensure that a fair
and appropriate child support amount is entered by the court.
To get started on your case, give our child support attorneys a call at (919) 348-2317 or
contact us online today.
