Child Support
The child support guidelines are based on economic
data which represent adjusted estimates of average total
household spending for children between birth and age
18, excluding child care, health insurance, and health
care costs in excess of $250 per year. Expenses incurred
during visitation are not factored into the guidelines.
Rarely
does the court deviate from the North Carolina Child
Support Guidelines, which also take into consideration
variables such as childcare, tutoring, health insurance
premiums, counseling and other child-related expenses.
When there are
other factors to be considered, the Court may set
aside the Guidelines.
Click here to use our
Child Support Calculator.
The guidelines assume that the parent who receives child
support will claim the tax exemptions for the child.
If the parent who receives child support has minimal or
no income tax liability, the court may consider
requiring the custodial parent to assign the exemption
to the supporting parent and deviate from the
guidelines.
In general, child support cases are relatively
straightforward. State guidelines apply to
parents whose combined incomes are $240,000 or less
and more than the 2002 federal poverty levels (see
below) per year. When parents are either
self-employed, or when combined income exceeds the
$240,000 cap, the parents can
either negotiate themselves what amounts are
satisfactory to both parties, or let the court
decide what constitutes reasonable needs.
The
Guidelines include a "self-support reserve" to ensure
that those who pay child support have sufficient income
to maintain a minimum standard of living based on the
2002 federal poverty level for one person ($738.00 net
per month). For those with an adjusted gross income of
less than $800 per month, the Guidelines require, absent a
deviation, the establishment of a minimum support order
($50).
Child support payments continue until a child's
minority ends (age 18). However, there are three
instances in which child support could continue past
age 18:
- If at age 18, the child has not yet graduated
from high school (and is not otherwise
emancipated).
- If the supporting parent agrees, in writing,
to continue support past age 18 (to assist them
during college, for example); or
- If the child, at age 18, is not mentally or
physically capable of self-support.
To modify an existing child support order
that is three years old or older, a difference of
15% or more between the amount of the existing order
and the amount of child support resulting from the
guidelines based on the parents' current incomes and
circumstances is considered a "substantial change of
circumstances" warranting modification. If the order
is less than three years old, proof must be
presented to show a substantial change of
circumstances.
Read North Carolina law regarding child support.
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