North Carolina Child Support
North Carolina child support law is based on an income shares model of both parents’ monthly income. The North Carolina child support guidelines are calculated by using the North Carolina Child Support Formula Manual.
North Carolina child support formula manual
The North Carolina Child Support Formula Manual can be downloaded from the North Carolina Department of Health and Human Services at: https://www.ncdhhs.gov/
Factors considered in awarding child support
Factors in the North Carolina Child Support Formula Manual that are used to determine the amount of child support, medical support and child care obligations are:
- Mother’s gross income
- Father’s gross income
- Number of children of the parties
- The overnight parenting time of each parent
- Other child support obligations, or custody of other children
- Health care costs for the minor children
- Child care costs for the minor children
Factors that some people assume are part of the calculation, but are not, are as follows:
- The bills of the parties. The formula does not consider the bills of the parties.
- The tax liability of each party.
- The lack of visitation for the party who pays the support. Sometimes a non-custodial parent believes that if he/she doesn’t get to see their child, they shouldn’t have to pay child support. This is incorrect. Parenting time and child support are two separate issues. Child support is still due, even if the parent paying the support is not exercising his/her parenting time.
- The new spouse of a party. If a party marries another person, that new spouse’s income is not used in the formula.
- Some people believe that if they don’t have a job, they won’t have to pay support. This is incorrect. If a party has no income, or is under employed, the Court may “impute” income to the party. Imputation of income means that the Court determines a party has the ability to earn a certain income and then bases the order on that amount of imputed income.
Serving North Carolina clients for more than 50 years
Hatch, Little & Bunn, LLP has provided comprehensive legal services to individuals and businesses in Raleigh, Durham, Chapel Hill, Research Triangle Park, Wake County and throughout North Carolina from offices by the state capitol for over half a century. Our attorneys are licensed to practice before all North Carolina state and federal courts. Call (919) 899-9827 today, or contact us online to schedule a consultation with one of our attorneys about your concerns.