When parents separate or divorce, child support will often become one of the most important parts of the legal process. It creates financial structure and legal responsibility. If you’re trying to make sense of your rights or obligations, a child support lawyer in Raleigh will guide you through what to expect.
The court will treat your case with care, but it will also apply clear guidelines. You and the other parent may agree on an amount on your own, or the court will step in and calculate it. Either way, that number will need to meet North Carolina standards.
Every child support case starts with a question: What will this child need, and how will both parents help meet those needs?
What Is Child Support?
Child support refers to money one parent pays to the other to help cover a child’s everyday needs—housing, food, healthcare, school, and more. It may also include costs like childcare, extracurricular activities, or medical bills not covered by health insurance.
Child support usually applies when one parent has primary custody, but it may also apply in shared custody situations if incomes or schedules differ significantly. The goal stays the same in every case: protect the child’s financial stability.
How Is Child Support Calculated?
North Carolina courts follow the income shares model. This means the court will estimate what the parents would spend on the child if they still lived together. Then, it will divide that obligation between both parents based on income and time spent with the child.
The child support calculation starts with a few basics:
- Gross monthly income for each parent
- Number of children
- Time spent with each parent (overnights)
- Work-related childcare expenses
- Health insurance premiums for the child
- Extraordinary expenses (like special education or medical care)
Once the court has these numbers, it will use the appropriate Child Support Worksheet—A, B, or C—based on the custody arrangement. Each worksheet uses a formula to calculate the recommended support amount.
The amount from the worksheet becomes the presumptive support obligation, but judges may adjust it if the circumstances call for it.
Factors That Influence Child Support Payments
Even though the formula provides a baseline, several factors may push that number up or down:
- One parent has other children or financial obligations
- A child has unique medical, educational, or psychological needs
- A parent receives self-employment income that fluctuates
- One parent pays or receives spousal support
- A child has trust funds or other financial resources
The court may also consider voluntary unemployment, hidden income, or intentional underreporting. If either parent tries to manipulate the numbers, the judge will have discretion to recalculate based on available evidence.
Custody and Child Support Guidelines
Custody arrangements directly affect child support. The court will determine whether one parent has primary custody or whether the parents share custody.
- Primary custody: The child lives with one parent for at least 243 nights per year. Worksheet A applies.
- Shared custody: The child spends at least 123 nights with each parent. Worksheet B applies.
- Split custody: Parents have more than one child, and each has primary custody of at least one child. Worksheet C applies.
Each worksheet adjusts for time spent with the child and how that time impacts expenses like food, utilities, and transportation. Parents with more overnights usually receive lower child support obligations.
Modifying Child Support Orders
Life doesn’t always stay the same after a support order takes effect. A parent might change jobs, face new financial demands, or adjust their custody schedule. When that happens, the court will allow a modification if the shift meets a certain legal standard.
North Carolina law treats a 15% income change, a major custody shift, the passage or three year since the prior order, or a child aging out as valid reasons to revisit the order. Either parent may ask for a change, but they’ll need to show why the current arrangement no longer fits the facts.
Online Child Support Calculators
North Carolina provides an online child support calculator for parents who want to estimate payments. These tools use the same worksheet formula that the court will apply.
You’ll need to enter both parents’ gross income, childcare costs, insurance premiums, and the number of overnights. The calculator will produce an estimated monthly support amount.
Keep in mind, this estimate does not replace legal advice. An attorney will help verify income, identify overlooked factors, and prepare documentation that the court will accept.
Enforcing Child Support Payments
When one parent falls behind on child support, the court may step in to enforce the order. The other parent can file a motion for contempt, and the court will review the facts.
Judges have several enforcement tools at their disposal:
- Wage garnishment
- Interception of tax refunds
- Driver’s license suspension
- Liens on property or bank accounts
- Jail time for willful nonpayment
Child support orders carry legal weight. If a parent ignores them, the court will act to protect the child’s financial security.
Percentage of Income Model for Child Support
North Carolina does not use a pure percentage of income model, but the income shares formula does reflect each parent’s earning power. A higher income will usually mean a higher share of support.
In some states, courts apply a flat percentage to the paying parent’s income. North Carolina’s approach uses shared responsibility, so both parents contribute based on their respective incomes, not just the paying parent’s.
This method aims to reflect what the child would receive if both parents stayed together.
Financial Obligations for Child Support
Child support covers more than groceries and school clothes. The paying parent’s obligation may also include:
- Health insurance premiums for the child
- Uninsured medical expenses
- Childcare related to a parent’s job or education
- Travel expenses for visitation if parents live far apart
- Fees for extracurricular programs or tutoring
The court may approve or reject additional costs based on the child’s needs and the family’s financial circumstances.
Support That Works for You and Your Child
Child support will always reflect the child’s right to financial stability, not one parent’s opinion or the other’s budget. If you need help calculating, modifying, or enforcing support, a child support lawyer in Raleigh will walk you through your options and help you move forward.
At Marshall & Taylor PLLC, we understand how much your family matters. Whether you owe support or expect to receive it, we will guide you with clear answers and a plan that fits your future. Contact us online or call (919) 833-1040 today to speak with a Raleigh child support attorney who understands what’s at stake.