Child Support in North Carolina
The general thought on child support is that it is all the same thing – money for the child. While the purpose may be the same, Courts have long made distinctions between various types of child support and the rules associated with them.
1. On-going Child support or Prospective Child Support (“Regular Child Support”) – This includes the financial support of a child from the time the Judge makes a ruling on Child Support and the paying party starts actually making payments to the other party for the benefit of the minor child. This encompasses the child support obligation from the date of the Child Support hearing or trial through the future – generally until the child turns 18 or graduates high school, whichever is later. When applying the North Carolina Child Support Guidelines, the Court calculates the Child Support figure based primarily on the gross income of both parties and the number of overnights each party shares with the children. Additional factors include: child care expenses, health insurance expenses, and any extraordinary expenses necessary for the welfare of the minor children.
2. Child Support Arrears – Wait, but I filed a Complaint for Child Support months or years prior to the Child Support hearing or trial? Yes, there is a special term just for the Child Support amount owed between the date of the filing of the Complaint and the hearing or trial to calculate Child Support. Generally, a Court will calculate the on-going child support amount and multiply that amount by the number of months between the Complaint and the date of hearing or trial. This amount is referenced as Child Support Arrears and is still owed by the payor. Generally due to other financial factors though, a Judge may allow this lump sum to be paid in full over a duration of time. For example: a child support arrears amount of $10,000.00 may be payable in increments of $250.00 per month until paid in full and in addition to the on-going child support amount.
3. Retroactive Child Support (“Back” Child Support) – This form of financial support of a child is in relation to the time period before a Complaint or other Motion for Child Support is filed with the Court. This form of child support must be specifically requested by a parent and has a maximum “look back period” of three years from the date your Complaint is filed.
The law provides a few different ways to calculate Retroactive Child Support, which can lead to a bit of confusion. The first way is to show the actual expenses incurred on behalf of the child during the look-back period (i.e. receipts). The Court, while reviewing the documentation, can make the determination whether such expenses were reasonable and necessary for the welfare of the minor child. The Court will then use the “actual reasonable and necessary expenses” of the child in calculating the Retroactive Child Support amount to be paid. As you can imagine, this can prove quite difficult and time consuming, especially when tying a specific expenses to an individual child up to three years in the past. The other option is to run the North Carolina Child Support Guidelines based on the incomes of the parents during the look-back period using the Guidelines that were in place at that time.
Determining the appropriate form of Child Support relief to pursue is difficult. Compiling the documentation necessary to assess a Child Support claim and how to utilize said information and documentation at a Child Support hearing or trial can be even more difficult. Regardless of the form of Child Support pursued, having a dedicated and knowledgeable family law attorney on your side is crucial.
If you or someone you know is in need of child support, our Modern Legal Team 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: Tiffany A. Byrd
Family is at the heart of everything I do, both personally and professionally. As a Family Law Attorney, I combine my passion for helping others with my unique journey—from growing up as the eldest child in a single-parent household to becoming the first attorney in my family. My experiences shaped my dedication to advocating for families in their most critical moments. Whether you’re building, protecting, or securing your family’s future, I’m here to help you find meaningful resolutions tailored to your needs.
