North Carolina Child Support Lawyers
Child support is intended to help provide for a child's needs, but determining an appropriate amount can become complicated when parents disagree about income, parenting time, health insurance, childcare, or other expenses. Whether you are seeking child support, responding to a request for support, or trying to change an existing order, our North Carolina child support lawyers are here to guide you through the process.
North Carolina uses statewide Child Support Guidelines as a presumptive starting point for determining support in many cases. However, the appropriate amount can depend on the specific circumstances of your family, and the Guidelines do not apply in exactly the same way to every case.
At Ward Family Law Group, we can help you understand the applicable rules, evaluate the relevant financial information, and determine how to move forward. Contact our firm today to set up a time to talk about your case.
Child Support Matters We Handle
Child support can involve much more than calculating a monthly payment. Parents may need to address support for the first time, changes in their financial circumstances, additional expenses for their children, or enforcement of an existing order.
Our North Carolina child support attorneys handle matters including but not limited to:
Establishing Child Support: We help parents establish an initial child support obligation and address support as part of a broader family law matter.
Child Support Calculations: We review the financial and parenting information relevant to the North Carolina Child Support Guidelines and help clients understand how the calculation applies to their circumstances.
Child Support Modifications: When circumstances change, we help parents determine whether an existing child support order may be modified.
High-Income Child Support Cases: We represent parents whose combined income exceeds the income level covered by the Child Support Guidelines and whose cases require a more individualized approach.
Deviations From the Child Support Guidelines: We help clients present evidence when the presumptive guideline amount may not be appropriate for their family's circumstances.
Health Insurance and Medical Expenses: We help parents address health insurance coverage and the allocation of uninsured or unreimbursed medical expenses for their children.
Child Support Enforcement: We assist parents seeking to enforce an existing child support obligation when payments are missed or inconsistent.
Retroactive Child Support: We help clients address claims for support relating to periods before a child support order is entered.
Child Support and Custody Issues: Because parenting arrangements can affect child support calculations, we help parents address support and custody issues together when appropriate.
Child support matters can also overlap with other financial and family law concerns. Depending on your circumstances, your case may involve child custody, absolute divorce, spousal support, separation agreements, or other interrelated complex financial matters.
Solutions Tailored to Your Family
Why Choose Ward Family Law Group for Your Child Support Matter?
Choosing your child support lawyer is an important decision. You need an attorney who understands North Carolina family law, can work through the financial details of your case, and can help you make informed decisions about your family's future.
At Ward Family Law Group, family law is our focus. Our attorneys have dedicated their practices to helping clients navigate the financial and personal issues that arise when families change.
Laura C. Manfreda is certified by the North Carolina State Bar as a Family Law Specialist and has extensive knowledge of child support, child custody, equitable distribution, domestic violence, and spousal support matters. Before joining Ward Family Law Group, Laura practiced family law in Charlotte for six years, and she has significant trial experience in both District and Superior Courts throughout North Carolina.
Our firm's broader family law experience can also be valuable when child support is connected to other financial issues. A support dispute may arise during a divorce or separation and may involve questions about income, property, business interests, custody, or spousal support. Our team can help you consider how these issues fit together rather than viewing child support in isolation.
Whether your goal is to reach an agreement outside of court or you need strong advocacy in a contested support matter, our family law attorneys in North Carolina can help you understand your options and what comes next.
What Our Clients Are Saying
Ward Family Practice delivered on all accounts representing my best interests, and those of my loved ones, at a critically difficult junction in our lives. Linda Ward made me feel safe and protected from start to end. She was always exceptionally well prepared, professional, compassionate, wicked smart, and led the process with the highest degree of integrity - all characteristics essential to me. Linda is also a fighter, she is tough. She will fight in whichever direction you choose but will inform you of the potential risks along the way. I am immensely grateful to have had Linda and her team helping me when I needed it most.
-Jennifer
Read more reviews on our Google Business Profile.
How Is Child Support Calculated in North Carolina?
North Carolina law requires courts to use presumptive statewide Child Support Guidelines when determining child support, unless the circumstances justify a different amount. North Carolina General Statute § 50-13.4 provides that child support should meet the reasonable needs of the child while taking into account the parents' respective circumstances and ability to provide support.
The North Carolina Child Support Guidelines use an income-shares model. In general, the calculation considers the parents' combined income and allocates responsibility between them based on their respective shares of that income.
The calculation can also account for factors such as parenting time, health insurance, work-related child care, support obligations for other children, and certain extraordinary expenses. The North Carolina Judicial Branch provides three worksheets for calculating presumptive child support obligations: Worksheet A for primary physical custody, Worksheet B for joint or shared physical custody, and Worksheet C for split custody.
What Information Is Used to Calculate Child Support?
The information needed for a child support calculation can vary depending on the circumstances, but generally includes:
Each parent's gross income
The number of children for whom support is being determined
The parents' parenting schedule
Health insurance costs for the children
Work-related child care expenses
Certain existing child support obligations
Responsibility for other children
Extraordinary expenses that may apply to the children
Accurate financial information is particularly important when income is irregular, self-employment is involved, or one or both parents receive bonuses, commissions, investment income, or other forms of compensation.
Which Child Support Worksheet Applies to My Case?
The North Carolina Child Support Guidelines provide different worksheets based on the parents' custody arrangements.
Worksheet A is generally used when one parent has primary physical custody of all the children for whom support is being determined. Under the current Guidelines, primary physical custody means the child lives with that parent for 243 nights or more during the year.
Worksheet B is used for joint or shared physical custody when the parents each have the required amount of parenting time under the Guidelines.
Worksheet C is used when the parents have split custody, meaning each parent has primary physical custody of at least one child.
The appropriate worksheet can affect the resulting calculation, so understanding how the Guidelines classify your parenting arrangement is important.
Does Custody Affect Child Support in North Carolina?
Yes. The amount of time a child spends with each parent can affect how child support is calculated.
The North Carolina Child Support Guidelines account for different custody arrangements through Worksheets A, B, and C. A parent having shared or equal parenting time does not automatically mean that neither parent owes child support. Depending on the parents' incomes, number of children, and other applicable expenses, one parent may still have a support obligation.
Because custody and child support can be closely connected, changes to a parenting schedule may have financial consequences as well. Our North Carolina child custody attorneys can help parents address custody and support issues together when appropriate.
What Expenses Are Included in Child Support?
The basic child support calculation is intended to account for the reasonable needs of a child, but certain expenses may be addressed separately or added to the basic obligation depending on the circumstances.
Health Insurance and Medical Expenses
North Carolina law specifically addresses medical support and health insurance for minor children. Under G.S. § 50-13.11, a court may order a parent or other responsible party to provide medical support, and the court generally must order health insurance coverage for a child when it is available at a reasonable cost. The statute defines coverage as reasonably affordable when the cost to the parent does not exceed five percent of the parent's gross income.
A support order may also address medical, hospital, dental, and other health care expenses for the child.
Work-Related Child Care
Reasonable child-care expenses related to a parent's employment or job search may be included in the child support calculation. The Guidelines account for qualifying work-related child care when determining the parents' respective support obligations.
Extraordinary Expenses
Certain extraordinary expenses may also be considered when determining an appropriate child support obligation. Depending on the circumstances, these can include expenses related to a child's particular educational needs or transportation between parents' homes when the expenses are reasonable, necessary, and in the child's best interests.
Can Child Support Be Different From the North Carolina Guidelines?
Yes. The Child Support Guidelines provide a presumptive amount, but North Carolina law allows a court to deviate from that amount when the evidence shows that applying the Guidelines would not meet or would exceed the child's reasonable needs or would otherwise be unjust or inappropriate.
Under G.S. § 50-13.4, the court can hear evidence about the child's reasonable needs and the parents' relative ability to provide support. If the court orders an amount different from the presumptive guideline amount, it must make findings supporting the deviation.
A deviation is not automatic simply because a parent believes the guideline amount is too high or too low. The specific circumstances and evidence in the case matter.
Can Child Support Be Modified in North Carolina?
An existing child support order does not automatically change simply because a parent's income or circumstances change. Under G.S. § 50-13.7, a North Carolina child support order may be modified or vacated upon a showing of changed circumstances, subject to other applicable statutory limitations.
Circumstances that may warrant reviewing an existing support order can include:
A significant change in a parent's income
A change in the child's needs
A substantial change in parenting time
Changes in health insurance costs
Changes in work-related child-care expenses
Other circumstances affecting the parents' ability to provide support
Whether a modification is appropriate depends on the facts of the case. If your circumstances have changed, an attorney can review your existing order and help you understand whether you may have grounds to seek a modification.
What Happens If a Parent Does Not Pay Child Support?
When a parent does not make required child support payments, the unpaid amount can become an arrearage, and North Carolina law provides several mechanisms for enforcing a support obligation.
For example, G.S. § 110-136 permits a court to order garnishment of a responsible parent's disposable earnings to enforce a child support obligation when the statutory requirements are met. The statute also addresses continuing wage garnishment proceedings.
North Carolina law also provides for enforcement of child support orders through civil contempt proceedings.
The appropriate enforcement option depends on the circumstances, including the existing order, the amount of unpaid support, and the reason payments have not been made.
How Long Does Child Support Last in North Carolina?
Under G.S. § 50-13.4, child support generally terminates when a child reaches age 18. However, there is an exception when the child is still attending primary or secondary school at age 18. In that situation, support can continue until the child graduates, stops regularly attending school, fails to make satisfactory academic progress toward graduation, or reaches age 20, whichever occurs first, subject to the statute and any applicable court order.
Other circumstances, such as emancipation, can also affect when a support obligation ends.
Speak With One of Our North Carolina Child Support Attorneys
Child support decisions can affect your family's finances for years. Whether you are seeking support, responding to a request for support, considering a modification, or dealing with unpaid child support, understanding your rights and obligations can help you make informed decisions.
Ward Family Law Group helps parents throughout North Carolina navigate child support matters and the other family law issues that may accompany them.
Contact Ward Family Law Group to schedule a consultation with one of our North Carolina child support attorneys. We have offices in Cary and Wake Forest and serve clients throughout Wake County and surrounding communities.