These child support frequently asked questions are the ones our law firm receives most often. Some may be top of your mind as you go through you separation, others are questions you may have never considered before.
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How is child support determined in North Carolina?
Child support in North Carolina is calculated using the North Carolina Child Support Guidelines, which are based on an “income shares model.” This means the court considers the combined gross income of both parents to determine how much it should cost to raise the child, then assigns each parent a proportionate share of that amount based on their income.
The calculation also includes:
- The number of children.
- The custody arrangement (primary, shared, or split).
- Work-related childcare costs.
- Health insurance premiums paid for the child.
- Any extraordinary expenses, such as special educational or medical needs.
If parents’ combined income exceeds the guideline maximum (currently $40,000/month), the court can deviate from the formula and set support based on the child’s reasonable needs and the parents’ ability to pay.
The court’s goal isn’t to punish a parent or reward another — it’s to make sure the children are financially supported at a level they would’ve experienced if their parents lived together.
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How long does child support last in North Carolina?
Typically, child support lasts until the child turns 18. However, there are important exceptions:
- If the child is still in high school when they turn 18, support continues until they graduate or turn 20, whichever comes first.
- If the child becomes legally emancipated, joins the military, or marries, support can end earlier.
- If a child has serious disabilities, parents may agree (or be ordered) to provide support beyond the age of majority, though this isn’t standard.
Don’t assume your duty to pay stops on your child’s birthday. Check your court order or agreement — and if in doubt, ask a lawyer before you stop paying.
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Can child support include college expenses in North Carolina?
Yes and No — North Carolina law does not require parents to pay for a child’s college education as part of child support order. The legal obligation ends when the child reaches the age or educational milestones mentioned above. However, parents can agree to contribute to college tuition, housing, books, and other costs in a separation agreement or consent order.
Once an agreement about college is included in a court-approved document, it becomes legally enforceable — and courts can compel a parent to comply.
College is expensive, and many parents want to help. But unless it’s written into your legal agreement, the court can’t force anyone to pay.
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Can child support be modified after it’s been set?
Yes — either parent can ask the court to modify child support if there has been a substantial change in circumstances. Examples include:
- A significant change in income (job loss, promotion, disability).
- A shift in the custody arrangement (for example, moving from primary custody to shared).
- Changes in the child’s needs, such as increased medical or educational expenses.
Additionally, if it has been at least three years since your last order and the new calculation under the guidelines would differ by 15% or more, that alone is grounds to request a modification.
To legally change support, you must file a motion in court. A verbal or informal agreement is not enforceable.
Life evolves, and so should your child support. But nothing changes legally unless a judge says so — protect yourself and your child by going through the proper channels.
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What if my child has special medical or educational needs?
If your child has unique medical, psychological, or educational needs, those expenses may justify additional child support beyond what the standard guidelines provide. Examples include:
- Ongoing therapy or counseling.
- Medical equipment or specialized treatments.
- Tuition for special schools or learning support.
- In-home care or aides.
These needs can be factored into the court’s calculation as extraordinary expenses or addressed specifically in a separation agreement. Parents may also agree to create a separate provision for these costs, ensuring they’re covered equitably.
Every child deserves the support they need to thrive — and the legal system allows for adjustments when the standard formula isn’t enough.
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Are extracurricular activities like sports or music lessons covered by child support?
Not by default. The basic child support amount is intended to cover everyday expenses — food, housing, clothing, and transportation — but not necessarily extracurriculars. However, if the child is involved in sports, music, arts, camps, or tutoring, these can be addressed in one of two ways:
- Parents agree to share costs and include that in their parenting plan or court order.
- One parent can ask the court to include those costs as extraordinary expenses if they are deemed in the child’s best interest.
Judges differ in how they treat these requests, so it’s best to handle them through mutual agreement where possible.
These activities enrich a child’s life and give structure and meaning to their time. But don’t assume they’re covered — spell it out in writing.
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Do I still have to pay child support if we share custody 50/50?
It depends. A 50/50 custody split does not automatically eliminate child support. The court still looks at:
- Each parent’s gross income.
- Who pays for the child’s health insurance and other direct expenses.
- How many overnights the child spends with each parent.
- The overall cost of raising the child in two households.
If one parent earns significantly more or bears more of the expenses, child support may still be ordered — even with equal time.
Custody and financial responsibility are connected, but not identical. Equal parenting doesn’t always mean equal dollars.
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What happens if the other parent stops paying child support?
If a parent fails to pay court-ordered child support, the receiving parent can file a Motion for Contempt. The court may then enforce payment through:
- Wage garnishment.
- Seizure of tax refunds.
- Suspension of driver’s or professional licenses.
- Jail time for willful nonpayment.
North Carolina’s Child Support Enforcement (CSE) program can also assist with collection and enforcement if you are registered with them.
Your child shouldn’t suffer because the other parent refuses to pay. The law gives you options — and we can help you use them.
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Can we agree to a different child support amount than the court’s formula?
Yes — in North Carolina, parents can agree to a child support amount that differs from the state guidelines, as long as that agreement meets the reasonable needs of the child and is part of a valid separation agreement or consent order. This principle was affirmed in the case Pataki v. Pataki, where the court recognized the right of parents to contract for the support and welfare of their children, provided the terms serve the child’s best interests.
A court is only required to apply the Child Support Guidelines when it is being asked to set or modify support through a court order and one of the parties is requesting application or deviation. If both parents reach a mutual agreement and formalize it properly, the court does not need to intervene unless there’s a later dispute.
However, either parent can still request a modification through the court in the future. If circumstances change — such as income, custody, or the child’s needs — and the existing support no longer aligns with the guidelines or the child’s needs, the court can modify the agreement.
Bottom line: Yes, you have flexibility — but the agreement must be in writing, must meet your child’s needs, and must be something the court could enforce later. Informal deals and side agreements won’t hold up if the relationship breaks down.
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Will child support cover summer camps, tutoring, or private school?
Not automatically. These types of expenses are considered optional or extraordinary, and generally fall outside the basic child support calculation. However:
- If both parents agree, they can split the cost of these programs through their custody or Separation Agreement.
- If there’s a dispute, one parent can ask the court to include them as necessary expenses, especially if the child has historically participated in them or if they’re needed due to work schedules.
Private school tuition is particularly case-sensitive. Courts may order a parent to contribute if the child has always attended private school, or if there is a compelling need (e.g., special education).
If these costs are part of your child’s lifestyle or development plan, get them included in your legal agreement. Don’t rely on promises.
If you still have questions, contact us or call us at 919-787-6668. We have staff standing by that can schedule you to speak to an attorney or provide you with whatever resources you need.
