Child Support
A parent who does not have primary physical custody (the non-custodial parent) will generally be ordered to provide child support by way of periodic payments to the parent with primary physical custody (the custodial spouse). The court must follow the North Carolina Child Support Guidelines unless there are factors requiring deviation from the guidelines. The North Carolina Child Support Guidelines are applicable in cases where the combined income of the parties is less than $300,000.00 per year. If there are reasons for deviation such as special needs of a child or high income in the family, then the determination is based, in part, on a financial statement prepared by the custodial spouse. These financial statements will be filed with the court and the court will then review the financial statements itemizing the incomes and expenses of each spouse.
The non-custodial spouse's child support obligation continues until the child reaches the age of 18 or finishes high school (whichever occurs last); however, if the child is otherwise emancipated, payment shall terminate at that time. A party by agreement may obligate himself or herself to make such payments beyond these time limits, but North Carolina does not require that a parent support their child during the period when the child attends college.
Both child custody and child support are issues that can be raised at any time until the child reaches 18. Either spouse can petition the court to change its prior order of custody or support based on a showing by the moving party that circumstances have substantially and materially changed.
Please visit our Child Support Calculator under Legal Resources.
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