Child Support

Guidelines

North Carolina has adopted child support guidelines that apply when the combined income of the spouses is less than $240,000 and more than poverty level. Essentially, North Carolina has created child support charts that show the dollar amount the State of North Carolina believes is spent on a child, or multiple children, at varying combined income levels of the spouses.

There are three different schedules (A, B, and C) that may apply to determine how much child support is owed under varying circumstances, including the number of days a child resides with the payor spouse. The court may also make adjustments to this economic indicator based upon other factors, such as support being provided to another party, other children in the household, the payment of health insurance, after-school care, and extraordinary expenses. North Carolina law allows the supporting spouse to be able to maintain a minimum standard of living according the applicable poverty guidelines. Reviewing the applicable chart is the first step in determining what amount of child support you may need to pay.

Exceptions

For individuals who have a higher annual income than $240,000, or when there are special circumstances, the parties may move the court to deviate from the child support guidelines.

Length of Payment

In North Carolina, child support accrues from the date of the filing of the complaint until the child reaches age 18, unless one or more of the following situations apply:

The child has not graduated from high school at the time the child reaches the age of 18; or
The supporting spouse agrees in writing to continue support past the age of 18; or
The minor child is incapable, mental or physically, to support him or herself; or
The child is emancipated.

If the child has reached the age of 18 and has not graduated from high school, then support may be lengthened until the child reaches the age of 20 or until the child graduates from high school -- whichever is shorter.

Modification of Child Support

A court order for child support may be modified after three years if the income of the parties has changed by at least 15% (which is considered statutorily a substantial change of circumstances), or upon the showing of a substantial change of circumstances.

It is important to seek the advice of a qualified attorney to determine what constitutes a change of circumstances. For instance, is the loss of a job sufficient? What about voluntary unemployment? Quitting your job to go back to school? Getting remarried? Expecting a new baby?

Tax Note

Child support is not taxable as income to the person who receives child support, nor is it a tax deduction for the person who pays support. The tax exemption for the minor child is available to the parent who provides 50% or more care for the minor child. For more information on tax consequences of child support, please contact your CPA or tax attorney.

How Monies are Spent

It is important to note that while it may be frustrating, the general rule is that the payor of child support cannot determine how the payee spends the child support.

When children are involved in a domestic dispute, the stakes are higher and emotions are highly charged. Our goal at Hopper Law Firm is to help diffuse heated situations while protecting your rights and your children. Your children depend on you. You can depend on us.

If you would like further information regarding payment or receipt of child support or have questions regarding your individual situation, please Contact Us today to schedule a consultation with one of our experienced Family Law attorneys.

Prior to your appointment, you may wish to download and complete our Family Law Intake form to bring with you when you come.

Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.