Let’s face it, most of us are using calculators these days whether it’s to add a tip to the bill or to strategize your monthly budget. But how do you calculate something like child support?
While some states use specific formulas or set certain caps, North Carolina uses a set of guidelines for calculating child support. The North Carolina Child Support Guidelines apply statewide and are reviewed periodically by the Conference of Chief District Judges to ensure they are applied appropriately. The goal is to provide children with reasonable living expenses to meet their health, education, and maintenance needs.
What are these guidelines?
In North Carolina, child support is based on the income shares model. This method aims to provide the children with similar financial resources at each parent’s house within a set frame. The Guidelines factor in considerations for the needs of the children in relation to the earnings of each parent, the number of overnights spent with each parent, health insurance expenses, childcare expenses, and any extraordinary expenses (such as necessary therapy or travel expenses).
Factors to Consider:
- Choose the right worksheet!
To make it easier on parents, North Carolina provides online calculators (and no, you do not need to meet with an attorney to access them).
- If one parent (or a third-party caregiver) has primary physical custody for the child or children, then choose Worksheet A. This means the child spends at least 243 nights per year with said parent.
- If you have shared or joint custody of the child or children, then choose Worksheet B. This means the child spends at least 123 nights with each parent per year.
- For split custody cases, which tend to be less common, choose Worksheet C. A split custody arrangement generally exists when there are multiple minor children involved, and each child has a notably different number of overnights than the other children with the respective parents.
- Calculate your gross income!
This means ALL income before taxes and other deductions. Your income can be from any source, including salaries, investments, bonuses, and pensions. If both parents are filing W-2 Forms, this step is relatively straightforward; however, if a parent is self-employed then they will need to be extra attentive in reporting all income. Since a self-employed person may be deciding their own wages and may cover certain personal expenses through the business, the income calculation can get complicated quickly.
- Plug in certain, additional expenses!
These expenses include reasonable costs for work-related child care or daycare, health insurance costs of the child, and any “other extraordinary expenses.” Other extraordinary expenses include items like special needs, special education, or travel expenses. Unfortunately, extracurricular activities are rarely included in “extraordinary expenses.”
Can I later modify the ordered amount of child support?
Yes, upon the request of any party, a court can hear evidence showing a substantial change in circumstances relating to the needs of the child and the ability of each parent to provide support.
Do I have a claim for retroactive child support?
In some cases, a parent can claim retroactive child support for a period of time before a child support action was filed. To determine this amount, courts look at the amount of support that would have been required if the guidelines had been applied when child support was first being sought. Courts may also base the amount on the parent’s fair share of actual expenditures for the child’s care.
Determining child support can be an overwhelming process as you get into the weeds of the details, but North Carolina’s child support guidelines and an experienced family law attorney can help you navigate the many factors that come along with a child support calculation.
If you or somebody you know is navigating a child support matter, our team at Modern Legal is here to help.
Please note: these educational materials are based on North Carolina law where my legal practice is based. While the insights may have wide applicability, readers should consult with an attorney regarding the specific laws in their state or country.
Written by: Olivia A. House
My journey to be a family law attorney began before I was even born. As a child of surrogacy, legal minds were already sorting through the details of my existence before anyone knew I too would become an attorney helping families. I now have wonderful relationships with my parents, as well as my birth mother, and I am grateful to the attorneys who made it all happen. I have thoroughly enjoyed this meaningful work and continue to be inspired and motivated by relationships with clients, understanding their stories, and helping them to assert their rights. I am eager to continue this advocacy and am ready and willing to work with you on any of your family law needs.
