North Carolina Child Support Laws: Guidelines and Calculations

How Child Support Works in North Carolina

North Carolina child support law is governed primarily by N.C. Gen. Stat. Section 50-13.4. The state uses the income shares model, which is based on the principle that a child should receive the same proportion of parental income they would have received if their parents had stayed together.

The Conference of Chief District Court Judges sets uniform statewide child support guidelines. These guidelines create a presumptive amount of support that courts must follow unless a judge finds that applying the guidelines would not meet, or would exceed, the reasonable needs of the child.

The guidelines were most recently updated effective January 1, 2023, and are reviewed at least once every four years. The next scheduled review is expected in 2026 or 2027.

How to Apply for Child Support Services

The North Carolina Child Support Services (CSS) division, part of the Department of Health and Human Services, handles child support services statewide. CSS assists with locating non-custodial parents, establishing paternity, setting up support orders, collecting payments, and enforcing orders.

Parents and custodians can apply for services through several methods:

• Apply online through the NC Child Support portal
• Download the application form (DSS-4451) and mail it in
• Contact a local CSS office or call 1-800-992-9457

Application Fees and Costs

• Families receiving Medicaid, foster care, or TANF benefits are exempt from the $25 application fee
• Non-assistance cases pay a $35 annual fee once $550 in support has been collected
• CSS may pay or charge the non-custodial parent court fees and the custodial parent's attorney fees
• Services are available to custodians regardless of gender

Documents You Should Gather

To help CSS process your case efficiently, collect as much of the following as possible:

• Both parents' full names, addresses, and Social Security numbers
• Employment information for both parents (current and former employers)
• Income documentation (pay stubs, tax returns, W-2s)
• Children's birth certificates
• Existing court orders (divorce, separation, custody, or prior support orders)
• Health insurance information for the children

Establishing Paternity

Before CSS can establish or enforce a child support order for a child born outside of marriage, paternity must be established. North Carolina law provides several methods.

Affidavit of Parentage

Both parents may voluntarily sign an Affidavit of Parentage (AOP) at the hospital after birth or at a later date. The AOP must be signed by both parents and notarized. Once filed with NC Vital Records, it carries the same legal weight as a court judgment establishing paternity.

An AOP may be rescinded by either parent within 60 days of signing, or before entry of a paternity or child support order, whichever comes first.

Court-Ordered Paternity

If one parent disputes paternity, the court can order genetic testing. Either parent or CSS may file a civil action to establish paternity through blood or DNA testing.

Marriage Presumption

If a child is born during a marriage, the husband is legally presumed to be the father under North Carolina law.

How Child Support Is Calculated

North Carolina's income shares model considers both parents' earnings to determine the total support obligation. The basic calculation follows these steps:

1. Determine each parent's monthly gross income from all sources (wages, salaries, commissions, bonuses, self-employment income, Social Security, VA benefits, pensions, and other income)
2. Make allowable deductions for pre-existing child support obligations and responsibility for other children
3. Combine both parents' adjusted gross incomes
4. Look up the basic support obligation on the Schedule of Basic Support Obligations based on combined income and number of children
5. Add work-related child care costs and the children's health insurance premiums
6. Allocate the total obligation between parents based on each parent's proportional share of combined income

Three Worksheets for Different Custody Arrangements

North Carolina uses three different worksheets depending on the custody arrangement:

Worksheet	Custody Type	When It Applies
Worksheet A	Primary Custody	One parent has the child for 243 or more nights per year
Worksheet B	Shared/Joint Custody	Each parent has the child for at least 123 nights per year
Worksheet C	Split Custody	Each parent has primary custody of at least one child

Under Worksheet B (shared custody), the basic support obligation is multiplied by 1.5 to account for the increased cost of maintaining two homes for the child. Each parent's share is then calculated based on the percentage of time the child spends with the other parent.

Imputed Income for Unemployed or Underemployed Parents

If a parent is voluntarily unemployed or underemployed, the court may impute income based on what that parent could reasonably earn. Courts typically use at least minimum wage when imputing income to a stay-at-home parent or a parent who is not working by choice.

Key Changes in the 2023 Guidelines

The updated guidelines that took effect January 1, 2023, brought several important changes:

• Higher income threshold: The combined gross income cap increased from $30,000 to $40,000 per month ($480,000 per year). For combined incomes above $40,000 per month, the court uses discretion based on the child's actual needs and established standard of living.
• Updated self-support reserve: The self-support reserve increased to $1,133 per month, based on the 2022 federal poverty level for one person (previously $1,012 per month based on 2018 data).
• $50 minimum support order: For obligors with adjusted gross income below $1,150 per month, the guidelines require a minimum support order of $50 per month, absent a deviation.
• Updated Schedule of Basic Support Obligations: The schedule was revised to reflect current economic data on the cost of raising children.

Grounds for Deviation from the Guidelines

Courts may deviate from the presumptive guideline amount when applying the guidelines would not serve the child's best interests. Under the guidelines, a judge must make written findings explaining why a deviation is appropriate.

Common grounds for deviation include:

• The standard of living the child would have enjoyed if the parents had remained together
• Extraordinary travel expenses for visitation or custody exchanges
• Extraordinary medical or dental expenses not covered by insurance
• Special educational needs or expenses
• The obligor's income falls below the self-support reserve
• Significant income from sources not captured by the guidelines (such as a new spouse's contribution to household expenses)
• Any other factor affecting the child's reasonable needs or the parents' ability to pay

How to Modify a Child Support Order

Child support orders in North Carolina can be modified under N.C. Gen. Stat. Section 50-13.7 when there has been a substantial change in circumstances.

Automatic Presumption After Three Years

If at least three years have passed since the order was entered or last modified, and a recalculation under the current guidelines shows a difference of 15% or more, the court will presume a substantial change in circumstances exists. Both conditions must be met for the presumption to apply.

Other Grounds for Modification

Either parent can petition for modification at any time based on a substantial change, including:

• A significant increase or decrease in either parent's income
• A change in custody or the parenting schedule
• A change in the child's needs (such as new medical expenses)
• A significant change in health insurance costs
• Loss of employment (involuntary)

How to Request a Modification

• Contact CSS at 1-800-992-9457
• Mail a request to: NC CSS, PO Box 20800, Raleigh, NC 27619-0800
• File a motion with the court directly or through an attorney

Important notes on modification:

• Voluntary unemployment or underemployment generally does not support a reduction in child support
• CSS automatically reviews support orders every three years to determine whether a modification is appropriate
• Parents may agree to modify support, but the agreement should be filed with the court to become enforceable

Enforcement of Child Support Orders

North Carolina takes child support enforcement seriously. CSS and the courts use a range of administrative and judicial tools to collect unpaid support.

Administrative Enforcement Tools

• Income withholding: Employers must deduct child support from wages, workers' compensation, and other income sources under an income withholding order
• Tax refund intercept: State, local, and federal tax refunds can be seized to pay child support arrears
• Lottery winnings intercept: Winnings may be diverted to satisfy child support obligations
• Property liens: Liens may be placed on bank accounts, real estate, vehicles, and other assets
• License suspension: Driver's licenses, professional licenses, and business licenses may be suspended or revoked
• Passport denial: The U.S. State Department may deny a passport application if arrears exceed $2,500
• Credit bureau reporting: Delinquent child support may be reported to credit agencies, affecting the obligor's credit score
• Insurance settlement seizure: Insurance settlements and claims may be intercepted

Contempt of Court

If a parent willfully refuses to pay child support, the receiving parent or CSS can petition the court to hold the obligor in contempt. The court must first determine that the parent had the ability to pay and willfully failed to do so, consistent with the due process safeguards outlined in Turner v. Rogers, 564 U.S. 431 (2011).

Penalties for contempt may include fines, incarceration, or both. In civil contempt proceedings, the obligor may be jailed until they "purge" the contempt by making payment. Criminal contempt may result in fines up to $500 and imprisonment of up to 30 days (or up to 120 days with a suspended sentence conditioned on payment).

Criminal Nonsupport

Under N.C. Gen. Stat. Section 14-322, willful neglect or refusal to provide adequate support for a child is a criminal offense:

• First offense: Class 2 misdemeanor, punishable by up to 30 days in jail
• Second or subsequent offense: Class 1 misdemeanor, with enhanced penalties including up to 120 days in jail

This offense is considered a continuing offense with no statute of limitations until the youngest child reaches age 18.

When Does Child Support End?

Under N.C. Gen. Stat. Section 50-13.4(c), child support in North Carolina continues until one of these events occurs:

• The child reaches age 18, or
• The child graduates from high school, whichever happens later
• If the child is still attending high school at age 18, support may continue until the child graduates, stops attending regularly, fails to make satisfactory academic progress, or reaches age 20, whichever comes first

Events That May End Support Early

Child support may also terminate before age 18 if:

• The child marries
• The child enlists in the U.S. military
• The child is legally emancipated by a court

Support That May Continue Beyond Age 18

Support obligations may extend past the standard termination age if:

• The parents agreed in a written separation agreement to provide post-secondary (college) tuition or support
• The child has a physical or mental disability that requires ongoing support

If arrears remain after the child ages out of support, payments continue in the same amount until all back support is paid in full.

Emancipation of Minors

North Carolina allows minors to petition for judicial emancipation under N.C. Gen. Stat. Sections 7B-3500 through 7B-3509. Requirements include:

• The minor must be at least 16 years old
• The minor must have lived in North Carolina (or on federal land within the state) for at least six months
• The minor must have a lawful source of income and the ability to support themselves
• The court must find that emancipation serves the minor's best interests

Emancipation also occurs automatically through marriage or active military service.

More North Carolina Laws

• North Carolina Lemon Laws
• North Carolina Statute of Limitations
• North Carolina Recording Laws
• North Carolina Dog Bite Laws
• North Carolina Hit and Run Laws
• North Carolina Whistleblower Laws
• North Carolina Sexting Laws