Child Support:
Child support may also be settled between you and your spouse by written agreement or it may be resolved by court order. Unless you have some such document, you will not be able to count on the facts that predetermined child support payments will be made by the non-custodial parent or, if they are not made, that parent’s obligation to do so can be enforced by the court.
All states have adopted guidelines that set automatic rates of child support according to certain variable criteria related to family income and number of children. In North Carolina, the Child Support Guidelines are based on the combined gross incomes of the father and mother of the child. The current North Carolina Guidelines list child support amounts for families of up to $200,000 annual combined gross income, according to the number of children of the marriage. Adjustments are then figured in for ordinary additional costs such as work-related daycare expenses and health insurance premiums. However, other fixed expenses that are used in some other states for the calculation of child support — such as rent or mortgage, automobile payments, and utilities — are not expressly used in making the child support calculation in this state. Instead, such expenses are implicitly accounted for, as a general matter, in the North Carolina Guidelines amounts.
A judge in North Carolina is also permitted to deviate, upwards or downwards, from the guideline amount in cases where the guideline number is less, or more, than the child actually needs. Examples warranting deviation include extraordinary health care costs, special education fees and transportation expenses to facilitate long-distance visitation. In a family with combined gross income in excess of $200,000, the custodial parent is usually the parent who requests an upward deviation from the guidelines. Regardless of family income, the non-custodial parent (also known as the “obligor”) is often the one requesting a downward deviation. Deviation is completely within a judge’s discretion in North Carolina; it is neither mandatory nor automatic.
Child support is available under North Carolina law during a child’s minority (until age 18). If a child is otherwise emancipated prior to age 18, child support would end at that earlier age under our current law. There are, however, also three situations in which child support can run past the age of majority. One such situation is that of a child who has not yet, as of age 18, graduated from high school. Provided the child is enrolled in secondary school, child support will continue until age 20 or graduation from school, whichever comes first. The second situation is a parent’s written agreement to pay support past the age of the child’s minority. If such a contract is valid and enforceable, the post-majority obligation spelled out in the contract can be imposed by the court called on to interpret the contract. The final exception to the rule that child support ends when the child is no longer a minor is made for a child who, post-minority, remains mentally or physically incapable of self-support, such as a child who needs long-term care. In this situation, the child support obligation under North Carolina law exists for as long as the child is incapable of self-support.
Where child support is agreed to in a separation agreement, or ordered by the court, and then not paid, there are a number of remedies to secure enforcement of the agreement or court order. If the child support is set up in a contractual agreement, the basic remedy is suit for breach of the contract, which would include a claim for the arrearages. If child support is payable under a court order, the order is enforceable through the contempt powers of the court.
To learn more about child support in North Carolina link to the child support page in the Law Library’s “the 5 Major Divorce Issues” section and/or view our video.
The Big Picture:
– child custody
– child support
– alimony
– division of property
– absolute divorce
