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Child Support

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King & Rowe Attorneys at Law is dedicated to helping families through all types of legal issues, including child support matters. Trust our experienced team to fight for your child’s best interests and ensure that their financial needs are met.

Contact us today 828-466-3858.

North Carolina Child Support

Child support monetary payment made by a parent  of a child to the parent who has custody of that child.  In North  Carolina, these payments are typically made monthly and is a financial  obligation for which all parents are responsible.  This financial  obligation is owed even if the parent ordered to pay receives no  visitation with the child.  

In order to obtain child support, a  parent must bring an action by filing a compliant for child support in  the county where the child or parent currently resides or the county  where the child is physically present.  When determining the proper  amount of child support, the Court is directed by statute to consider  the reasonable needs of the child for health, education, and  maintenance. In addition the Court is to consider the estates, earnings,  and conditions of the parents, as well as the accustomed standard of  living of the child, the child care and homemaker contributions of both  parents and any other facts deemed appropriate within the particular  case.    


North  Carolina uses a presumed set of guidelines when determining the amount  of money owed in child support by one parent to the other.  The North  Carolina Child Support Guidelines use a parent's gross income in  calculating the amount owed.  When determining a parent's gross income,  the Court may consider income from any source, including, but not  limited to:  

 1.  Income from employment or self-employment 
 2.  Ownership or operation of a business, partnership, or corporation
 3.  Income from rental properties
 4.  Retirement or pension income
 5.  Interest
 6.  Income earned from Trusts, Annuities, or Capital gains
 7.  Social Security benefits
 8.  Workers' Compensation benefits
 9.  Unemployment insurance benefits
10. Disability pay and insurance benefits
11. Gifts or Prizes
12. Alimony or maintenance received from persons other than the parties within the child support case  

Other  considerations that are factored into the North Carolina Child Support  Guidelines are health insurance premiums for the child, work related  childcare expenses, and extraordinary expenses.  The Guidelines are  based on the "income shares" model, which was developed by the Child  Support Guidelines Project.  The basic concept is that the numbers are  formulated by a shared obligation of the parents of what the child would  have received if the parents lived together.  

The Court uses one of three "Worksheets" when determining a child support obligation:

Worksheet A is used when a parent has primary physical custody of the child.  This  means that one parent has the child for at least 243 overnights per  calendar year.  This does not change even if the parents still share  legal custody of the child.  

Worksheet B is  used when the parents share physical custody of the child.  This means  that one parent has the child for at least 123 overnights per calendar  year.  Again, this does not change even if the parents share legal  custody of the child.  

Worksheet C is used when  the parents split custody of two or more children.  This means that one  parent has primary custody of one child and the other parent has  primary physical custody of another child.  As with Worksheets A and B,  this also does not change based on the shared legal custody of the  children.  


There  is a "rebuttable presumption" that the North Carolina Child Support  Guidelines will be used in all child support cases.  This  means that  unless certain circumstances are present that warrant a deviation from  the Guidelines, the Guidelines must be used.  A motion can be brought by  either party, or the Court itself can decide to deviate from the  Guidelines.  The standard the Court must consider is one of "greater  weight of the evidence" whereby there must be findings that the North  Carolina Child Support Guidelines would either not meet, or would  exceed, the needs of the minor child if used in the particular child  support case.  


A  child support order can be modified pursuant to N.C.G.S. 50-13.7.  This  process requires a motion in the cause and a showing of a change in  circumstances by either party.  Usually, a new order will be granted if  the original order is at least three (3) years old, and a the new order  would result in a change of at least 15% in the current amount owed for  child support.  

If you have been served with a complaint for  child support, or if you would like to discuss you options for filing a  child support action, please contact King & Rowe, PLLC for a  consultation.

Contact us today 828-466-3858.

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