This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
Child support disputes can be contentious, confusing, and consequential. Whether you are seeking support for your child, responding to a support claim, or trying to modify an existing order, understanding how North Carolina calculates child support and enforces its orders is essential. At The Olsinski Law Firm, our Concord family law attorneys guide parents through the child support process in Cabarrus County and the surrounding region, ensuring support orders are fair, accurate, and enforceable.
North Carolina uses the Income Shares Model to calculate child support, codified in N.C.G.S. § 50-13.4 and implemented through the North Carolina Child Support Guidelines. The model is premised on the idea that a child should receive the same proportion of parental income they would have received if the parents were together. Both parents' gross incomes are combined, and the total support obligation is calculated based on that combined figure, then apportioned between the parents based on their relative income contributions.
The key inputs into the North Carolina child support calculation include:
The North Carolina Child Support Guidelines are presumptively correct, meaning that the calculated amount is what the court will order unless a party can demonstrate that applying the guidelines would be unjust or inappropriate in the specific case. Judges may deviate from the guidelines when there are compelling reasons to do so, but any deviation must be explained in written findings of fact.
In North Carolina, child custody and child support are related but separate legal matters. The custody arrangement, specifically the number of overnights each parent has with the child over the course of a year, is one of the most significant factors in the child support calculation. A parent with significantly more overnights typically receives more support. When custody arrangements change, child support may need to be recalculated.
It is important to understand that a parent's obligation to pay child support is independent of their access to the child. A parent cannot legally withhold support payments because the other parent is denying visitation, and conversely, a parent
cannot deny visitation because support payments are overdue. Both obligations exist independently, and violations of either are addressed separately by the court.
A child support order can be modified when there has been a substantial change in circumstances since the original order was entered. North Carolina law presumes that a change in income of 15 percent or more, or a custody arrangement change, constitutes a substantial change sufficient to support modification. Other circumstances that may warrant modification include a significant change in the child's needs, a change in the child's healthcare costs, or a change in the cost of childcare.
To modify an order, a motion must be filed in the same court that entered the original order. The court will apply the current guidelines to the current circumstances to determine the appropriate new amount. Modification is not retroactive to any date before the motion was filed, so delaying a modification request when circumstances have changed can result in continued payment obligations at the original rate.
When a parent fails to pay court-ordered child support, North Carolina has multiple enforcement mechanisms available. These include:
Child support in North Carolina generally continues until the child turns 18. However, if the child is still in primary or secondary school when they turn 18, support continues until they graduate or turn 20, whichever comes first. Support may also continue beyond age 18 if the child is disabled and unable to support themselves.
If your financial circumstances have changed significantly since the current order was entered, you should immediately seek a modification through the court. Continuing to miss payments will accumulate arrearages that must eventually be paid and can trigger enforcement actions. A modification, if granted, applies only from the date the motion was filed, so acting promptly is important.
Parents can reach a private agreement on child support, but the agreement should be incorporated into a court order to be enforceable. An informal agreement that is not court-ordered cannot be enforced through contempt proceedings or the state's enforcement mechanisms. An attorney can help you draft a support agreement and have it entered as a court order in Cabarrus County.
Whether you need to establish, modify, or enforce a child support order in Concord or Cabarrus County, The Olsinski Law Firm can help. Our family law attorneys work to ensure that support calculations are accurate and that orders are enforceable. Call Concord at 704-918-4747 or Charlotte at 704-405-2580, or contact us online to schedule a consultation.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
"*" indicates required fields
