North Carolina Child Support Laws: Guidelines and Calculations
How to Apply for Child Support in North Carolina
The North Carolina Child Support Services (CSS), part of the Department of Health and Human Services, provides comprehensive child support services including application processing, locating non-custodial parents, paternity establishment, support enforcement, and modifications.
To apply for child support services:
- Download and complete the application form (DSS-4451)
- Apply online through the NC Child Support portal
- Contact your local CSS office or call 1-800-992-9457
What to remember:
- Families receiving Medicaid, foster care, or TANF do not pay the $25 application service fee
- Non-assistance cases pay a $35 annual fee once $550 in support has been collected
- The CSS may pay or charge the non-custodial parent court fees and the custodial parent's attorney fees
- Child support services are available to custodians regardless of gender
Required Documents
When applying, gather as much information as possible:
- Both parents' names, addresses, and Social Security numbers
- Current and former employer information
- Income documentation
- Children's birth certificates
- Existing court orders (divorce, separation, custody, prior support orders)
- Health insurance information
Establishing Paternity in North Carolina
Before the CSS can enforce child support, paternity must be established. In North Carolina, signing a birth certificate alone is not valid proof of paternity.
Paternity can be established through:
- Affidavit of Parentage: A sworn statement signed by both parents before witnesses after childbirth
- Civil Action: Court-ordered genetic testing or voluntary blood/genetic marker testing
- Marriage Presumption: If the child is born during a marriage, the husband is presumed to be the father
How Is Child Support Calculated in North Carolina?
North Carolina uses an income shares model established by the Conference of Chief District Court Judges. The guidelines are set forth in N.C. Gen. Stat. Section 50-13.4 and are updated periodically by the General Assembly.
The calculation requires:
- Determining each parent's monthly gross income
- Combining the parents' adjusted gross incomes
- Using the Schedule of Basic Support Obligations to find the basic support amount
- Adding adjustments for child care, health insurance, and extraordinary expenses
- Allocating the total obligation between parents based on their proportional share of combined income
Calculation Tools
- Worksheet A: Primary Custody Calculator
- Worksheet B: Shared or Joint Custody Calculator
- Schedule of Basic Support Obligations
2023 Guidelines Updates
The North Carolina Child Support Guidelines were updated effective January 1, 2023. Key features include:
- Updated Schedule of Basic Support Obligations reflecting current economic data
- Guidelines apply to combined gross incomes from $0 to $30,000 per month
- For combined incomes exceeding $30,000 per month, the court has discretion
- Low-income provisions protect obligors with minimal income
- Self-support reserve ensures the obligor retains sufficient income for basic needs
Grounds for Deviation from Guidelines
Courts may deviate from the guidelines when they do not serve the child's best interests. Grounds for deviation include:
- The standard of living the child would have enjoyed if the parents remained together
- Extraordinary travel expenses for visitation
- Extraordinary healthcare expenses
- Special educational needs
- The parent's income level relative to the guidelines
- Any other factor that affects the child's needs or parents' ability to pay
How to Modify Child Support in North Carolina
The CSS automatically reviews support orders every three years. However, either parent may petition for review when there is a substantial change in circumstances.
To request modification:
- Contact the CSS at 1-800-992-9457
- Mail a petition to: NC CSS, PO Box 20800, Raleigh, NC 27619-0800
- Apply online
Grounds for modification:
- A 15% or greater change in either parent's income
- Change in custody arrangements
- Change in the child's needs
- Change in health insurance costs
- Three years have passed since the last order or modification
Important:
- Voluntary unemployment or underemployment is not grounds for modification
- No arrears accrue if the paying parent is incarcerated
- Parents can agree to modify support without going to court, but the agreement should be filed with the court
- The CSS may assist incarcerated parents with fatherhood programs and job placement
What Happens If You Do Not Pay Child Support?
North Carolina takes child support enforcement seriously. The CSS uses multiple tools to collect unpaid support:
Administrative Enforcement
- Income Withholding: Orders requiring employers to deduct support from wages, workers' compensation, and other income
- Tax Refund Intercept: State, local, and federal tax refunds may be seized
- Lottery Winnings Intercept: Winnings may be diverted to child support
- Property Liens: Liens may be placed on bank accounts, real estate, and other assets
- License Revocation: Driver's, professional, and business licenses may be suspended or revoked
- Passport Denial: If arrears exceed $2,500, the State Department may deny passport applications
- Credit Bureau Reporting: Unpaid support may be reported to credit agencies
- Insurance Settlement Seizure: Settlements may be intercepted
Contempt of Court
If a parent refuses to pay, the receiving parent or agency can petition the court to find the obligor in contempt. Contempt means the parent willfully and knowingly failed to provide support.
Consequences may include fines, jail time, or both. Under N.C. Gen. Stat. Section 14-326.1:
- Class 2 Misdemeanor (first offense): Up to $1,000 fine and/or 60 days in jail, plus community service
- Class 1 Misdemeanor (subsequent offense): Up to 120 days incarceration, license revocation, and discretionary fines
Criminal Non-Support
Under N.C. Gen. Stat. Section 49-2, willful failure to support a child is a Class 2 misdemeanor. Repeat offenses may be charged as Class 1 misdemeanors with enhanced penalties.
When Does Child Support End in North Carolina?
Under N.C. Gen. Stat. Section 50-13.4, child support continues until the child reaches age 18 or graduates from high school, whichever occurs later. Support may extend until age 20 if the child is still in high school.
Support may continue beyond these ages if:
- The parents agreed in writing to provide college or university tuition
- The child has a physical or mental disability requiring ongoing support
Important: Read and understand any agreement before signing, as you may be obligated to provide support beyond the standard termination age.
Emancipation in North Carolina
North Carolina allows minors who are at least 16 years old to petition for emancipation under N.C. Gen. Stat. Section 7B-3500 through 7B-3509.
Requirements for emancipation:
- The minor must be at least 16 years old
- Must have lived in North Carolina (or on federal land in the state) for at least six months
- Must have legal income and the ability to support themselves
- The court must find that emancipation is in the minor's best interests
Emancipation also occurs automatically through marriage or military service.
More North Carolina Laws
Sources and References
- North Carolina State Legislature(state legislature).gov