Charlotte, NC, has instituted a presumed child support calculation called the Child Support Guidelines in North Carolina. These guidelines for child support help determine appropriate financial support from one parent to the other. While the Guideline calculation is a presumptive amount, either parent can ask the Court in Charlotte to deviate upward or downward from the Guideline child support obligations.
NC Child Support is set forth under three (3) different child support calculations based on the number of overnights the child spends with each parent.
- Worksheet A Calculation is used when one parent has “primary custody,” and the other parent has the child for less than 123 overnights per year.
- Worksheet B Calculation is used when both parents have “shared custody,” and each have the child for at least 123 overnights per calendar year.
- Worksheet C Calculation is used when parents have “split custody” of two or more children. For example, a parent has primary custody of one or more children. The other parent has primary custody of one or more children.
How Is Child Support Calculated?
North Carolina child support is calculated by factoring in each parent’s gross monthly income from all sources, the number of children calculated for child support, and the number of overnights each child spends with each parent (based on whether your estimate will be made on a Worksheet A, Worksheet B, or Worksheet C). Child support in NC is also calculated on whether either parent has another child for whom they are responsible for supporting, payment of health insurance premiums, work-related child care costs, and other extraordinary expenses the parent pays child support.
Modification of Child Support
Either parent in a child support case can ask the Court to modify the child support payments. The Court must find that a substantial change in circumstances has occurred since the entry of the previous child support order. If at least three years have passed since a parent entered the last child support order, and a new calculation of child support shows a difference of 15% or more between the old and new child support amount, a substantial change in circumstances is presumed.
In other cases when three years have not passed since the previous order was entered, a substantial change in circumstances can be shown when any of the factors that go into a North Carolina child support calculation change–that being either parent's gross monthly income, responsibility for other children, change in the child custody schedule, the child's extracurricular activities new amounts for health insurance premiums or work-related child care expenses, as well as extraordinary fees.
What Age Do You Stop Paying Child Support in North Carolina?
In North Carolina, the age at which child support obligations cease is typically when the child reaches the age of 18. However, certain circumstances may extend the duration of child support payments. Should the child still be attending high school with an anticipated graduation before reaching 18, child support may extend until the child graduates or reaches the age of 20, depending on whichever comes first.
Another example in which child support may continue beyond the age of 18 is if the child is deemed incapable of supporting themselves due to a physical or mental disability. In such cases, the court may order ongoing support to ensure the child's needs are met.
Parents need to be aware of the specific circumstances outlined in their child support agreement and court orders. Seeking legal advice can clarify individual cases and help parents understand their rights and responsibilities concerning child support. For accurate and personalized information, legal guidance is essential, even if the general age limit is 18.
Call Our Family Attorneys Today for Help Submitting a Child Support Modification Request
Suppose you have been paying or receiving child support in Charlotte or elsewhere in NC from a Separation Agreement or other out-of-court settlement. In that family law case, you have the right to ask the Court to change your child support payments. In those cases, the Court in NC will consider whether the amount of child support being paid is reasonable in light of the child support guideline calculation.
Conversely, Suppose you have not been receiving child support from your child’s other parent. In that case, you may be able to claim retroactive child support. The Court can consider how much child support should have been paid under the guidelines when making a retroactive child support award.
For More Information About a Future or Impending Case for Child Support, We Can Provide You With a Charlotte Child Support Attorney in NC to Help You Out. Call (704) 810-1400 Today.
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