Child Support

North Carolina has a statutory set of child support guidelines known as the North Carolina Child Support Guidelines which create a rebuttable presumption in all legal proceedings involving the temporary or permanent child support obligation of a parent.

The court may, in a written finding, deviate from the North Carolina Child Support Guidelines if it finds the reasonable needs of the child and the relative ability of each parent to provide support the guidelines would not meet or would exceed the reasonable needs of the child.

The guidelines provide worksheets to calculate the child support based on the child’s reasonable needs and both parents’ ability to provide support.

The court may order attorney fees for the child support hearing the custody hearing or both if it determines the  party seeking the custody and/or support does not have the means to pay counsel and the party ordered to pay support has refused to provide adequate support.

A court order for permanent child support may be modified after 3 years and a 15% change in the income of either party.

If there is a preexisting child support agreement and a subsequent action for child support is brought against the parents the court should use the amount of support provided in the separation agreement as it is presumed to be just and reasonable.  However, the amount of child support agreed upon in a separation agreement can be challenged in court by either party and the court may in its discretion decide to increase or decrease the amount of the child support obligation due a party.