The Guidelines are a formula devised by the Conference of Chief District Judges which analyzes the incomes of the parents, the expenses for childcare and health insurance, and the time spent with each parent in determining the child support obligation. Generally, the formula calculates each parent’s income as a percentage of the combined incomes of the parents, attributing the expenses on a pro rata basis after also taking into consideration the time each parent has with the children. It’s a complicated formula that is beyond the scope of this summary. In high-income cases the parties may deviate from the Guidelines.

If the parents are unable to come to an agreement, either one can file a complaint for child support against the other with the Wake County Court. A hearing is usually scheduled within 30-45 days before a District Court Judge where the parties will provide their income information, the cost of work-related childcare, and the cost of health insurance for the children. In some cases, extraordinary expenses are considered, for example, when there is a special-needs child, or a child travels extensively with a club or group which is expensive. If the parties cannot agree before the hearing, the judge will decide.

Child support usually ends when the child reaches the age of eighteen (18), unless the child hasn’t graduated high school. In that case, child support will continue until the child graduates, leaves school, or reaches twenty (20). Although not required by law, many parents agree to share or pay in full the costs of college.

Child support can be modified when there are a “substantial chance in circumstances”, a legal term of art which has many _____________. Increases or decreases in income, loss of a job, beginning employment, disability, and “aging out” of one of the children, are all examples of changes that might warrant a change in child support, although each case is based its specific circumstances. WHAT ABOUT AFTER THREE YEARS? A word of caution to the parent responsible for paying child support seeking a modification of child support—although you have filed a petition to modify child support, you must continue to pay the required amount until the court changes the obligation.

Failure to pay child support can lead to civil or criminal contempt, a finding of which may lead to jail time. The courts can enforce child support obligations through wage-withholding orders, interception of tax refunds and lottery winnings, suspension of state-issued licenses, putting a ‘flag’ on a passport, judgments, and other methods.

Visitation with the minor children is not contingent on the payment of child support. In other words, if the other parent isn’t paying child support, the other parent cannot withhold visitation. If the parent ceases visitation, he or she is subject to civil or criminal contempt.

Adjustments are made to the basic child support amount for the payment of work-related child care costs, health insurance premium costs, and extraordinary expenses. Whoever pays these costs get credit against his or her child support obligation dollar-for- dollar.

Child support can be modified when there is a substantial change in circumstances. This might include:
Increases or decreases in income,
loss of a job,
beginning employment,
disability, and
“aging out” of one of the children
The above are all examples of changes that might warrant a change in child support, although each case is based its specific circumstances.

If the obligor (the party paying child support) fails to pay child support, then the obligee (the party receiving child support) can request that the Court enforce payment. The Court may hold the obligor in civil or criminal contempt, which may result in the obligor going to jail. Other methods for the Court to enforce child support obligations are through wage-withholding orders (garnishments), interception of tax refunds and lottery winnings, suspending state-issued licenses, putting a ‘flag’ on a passport, and/or entering judgments. Visit the North Carolina Child Support Enforcement site for more details.

Child support ends when the child has become emancipated, reaches the age of 18 (unless the child has not graduated from high school), is no longer attending school on a regular basis, fails to make satisfactory progress towards graduation, or reaches age 20, whichever comes first. However, the parties can agree to pay child support for a longer period than obligated under the law, and pay for college expenses.