North Carolina has instituted a presumed child support calculation, called the North Carolina Child Support Guidelines to 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 to deviate upward or downward from the Guideline child support amount.
The North Carolina Child Support Guidelines are set forth under three (3) different calculations based upon 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 and a parent has primary custody of one or more children and the other parent has primary custody of one or more children.
How Is Child Support Calculated?
Child support in North Carolina is calculated by factoring in each parent’s gross monthly income from all sources, the number of children the child support calculation provides for, the number of overnights each child spends with each parent (to determine whether your calculation will be made on a Worksheet A, Worksheet B, or Worksheet C), whether either parent has another child for whom he or she is responsible for supporting, payment of health insurance premiums for the children, work-related child care costs, and other extraordinary expenses the parent paying 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 the previous order was entered, and a new calculation of child support shows a difference of 15% or more between the old child support amount and the new 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 in to a 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 expenses.
Call Today for Help Submitting a Child Support Modification Request
If you have been paying or receiving child support in Charlotte or elsewhere in North Carolina from a Separation Agreement or other out-of-court settlement, you have the right to ask the Court to change your child support payments. In those cases, the Court will consider whether the amount of child support being paid is reasonable in light of the child support guideline calculation.
Conversely, If you have not been receiving child support from your child’s other parent, you may be able to make a claim for 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 child support case, we can provide you with a child support attorney in Charlotte, NC to help you out. Call (704) 810-1400 today.
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