Determining Child Support in North Carolina

When determining and filing for child support in North Carolina, individuals should contact the North Carolina Child Support Enforcement Program (CSE), a program under the North Carolina Division of Social Services. CSE, which serves more than 400,000 families throughout the state, defines its mission to be “to consistently collect as much child support money as possible for the benefit of North Carolina’s children.”

Understanding North Carolina Rules for Child Support

North Carolina’s Schedule of Basic Child Support is based on the conversion of net income to a combined gross annual income, a figure calculated by adding federal taxes, state taxes, FICA and any additional deductions to determine the total income earned prior to these withholdings. The Schedule, which outlines the range of child support awards, is based on economic research on family expenditures for children.

The state determines basic child support awards according to the “income shares model. This model determines child support based on the idea that each parent has an obligation to support his or her children, with children getting support in accordance with the same proportional income they'd have enjoyed if their parents had remained married or cohabitating. The amount that each parent must contribute for child support is based on the percentage each contributes to their combined gross income, i.e., the income of each parent is divided by the combined income, and s/he is expected to contribute that percentage of income for support.

When determining child support in North Carolina, individuals will use one of three worksheets to calculate the correct award amount:

Worksheet A is used if only one of the parents has primary physical custody of the children that require support “Primary” custody is defined as a minimum of 243 or more nights in a year.
Worksheet B is used if custody of the children needing support is shared, or when one parent has primary physical custody of one or more of the children and shares custody of the other children. “Shared” custody is defined as 123 or more nights during year.
Worksheet C is used when two or more children split their time and each parent has partial or shared custody. “Split” is defined as one parent having primary custody of one child who needs support and the other parent having primary custody of the other child.

In addition, North Carolina takes outlier income into consideration when determining the correct amount of child support to be awarded. In instances where parents’ combined income exceeds $300,000 annually, the award cannot be determined using the standard Schedule; rather, the court will determine the support amount on a case by case basis. For parents who must pay support but earn less than $950 per month, the minimum support order is $50 per month, an amount determined in accordance with the 2006 federal poverty level for one person ($816 per month per person).

Getting Help

When going through a divorce, if child support or custody is at stake, having the help of a qualified lawyer is very important. Your attorney can help you understand the rules for your state regarding both custody and support and can help make sure your right to see your children is protected.

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