Malcolm Rivera
Child support in North Carolina is determined by the North Carolina Child Support Guidelines, which consider the income of both parents, the child's needs, and the number of children requiring support. The non-custodial parent must make support payments if they have fewer than 123 overnights with the child per year. In such cases, the custodial parent is assumed to be spending the required amount on the child directly. Child support can be arranged through the Child Support Enforcement Agency (CSE), which can assist in locating non-custodial parents. The first payment is typically due on the first of the month after a judge signs an order for child support.
| Characteristics | Values |
|---|---|
| Basis for child support calculation | North Carolina Child Support Guidelines |
| Minimum monthly child support | $50 |
| Factors considered for child support calculation | Income of both parents, number of children in need of support, child custody arrangements, health insurance premiums, daycare or childcare-related expenses, alimony received from a former spouse, etc. |
| Child support payment methods | Direct support payments to the other parent, contributions to childcare costs and other expenses, wage withholding, etc. |
| Child support payment duration | Until the child turns 18 or graduates from high school, whichever is last. Under no circumstances will child support continue beyond the minor’s 20th birthday. |
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What You'll Learn
Child support payments
In most cases, child support payments are made by the non-custodial parent, who has the child for less than 123 overnights per year. The custodial parent is assumed to be spending directly on the child's needs. However, in cases of shared physical custody, where each parent has at least 123 overnights with the child, the payment is determined by weighing the ratio of parents' incomes and the number of overnights with the child.
The minimum child support order is $50 per month, and payments typically continue until the child turns 18 or graduates from high school, whichever is later. The payments cannot extend beyond the child's 20th birthday.
The first payment is usually due on the first day of the month after the judge signs the child support order. Payments can be made through various methods, including automatic deductions from paychecks, online payments using credit or debit cards, or bank drafts. Income withholding is also an option, where employers are required to withhold the specified amount from the employee's wages and forward it to the state within seven business days.
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Custody arrangements
In North Carolina, child support is typically determined during the divorce process, either by the court or through an agreement between the separating couple. Both parents are responsible for providing child support, but only the non-custodial parent must make support payments if they have less than 123 overnights with the child per year. In such cases, the custodial parent is assumed to be spending the required amount on the child directly.
Child support can be arranged in several ways. Parents can agree on an amount in a Separation Agreement or sign a Voluntary Support Agreement (VSA), which becomes a court order once signed by a judge. Child support can also be arranged through the Child Support Enforcement Agency (CSE), which can assist in locating non-custodial parents.
The amount of child support owed is based on the North Carolina Child Support Guidelines, which consider the income of both parents, the number of children in need of support, and the child custody arrangements. The Guidelines provide online worksheets to help determine the amount of support required, which differ depending on the custody time arrangement. The calculation of child support can also include other factors, such as health insurance premiums, daycare expenses, and pre-existing support obligations for children from other marriages.
In cases of shared physical custody, where each parent has at least 123 overnights with the child, child support is determined based on a formula that considers the ratio of the parents' incomes and the number of overnights each parent has with the child. Judges must follow the Guidelines unless applying them would not meet the child's needs or would be unjust or inappropriate. If a parent believes the determined amount does not meet their child's needs, they can request a hearing to adjust the amount.
Child support payments typically continue until the child turns 18 or graduates from high school, whichever is last, and will not continue beyond the child's 20th birthday. Payments can be made through various methods, including automatic deductions from paychecks, online payments using credit or debit cards, or bank drafts.
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Calculating the amount owed
In North Carolina, both parents are responsible for providing child support. However, only the non-custodial parent must make support payments if they have less than 123 overnights per year with the child. Child support payments typically continue until the child turns 18, graduates from high school, or reaches the age of 20, whichever is last.
The amount of child support owed is determined by the North Carolina Child Support Guidelines, which take into account the financial circumstances of each family. These guidelines are used to calculate child support orders based on the parents' ability to pay and the needs of the children. Judges must adhere to the Guidelines unless doing so would not meet or would exceed the child's needs, or would be unjust or inappropriate.
The Guidelines consider income from any source, including salary, bonuses, commissions, pension, severance pay, capital gains, annuity income, Social Security benefits, worker's compensation income, alimony received, and income from a company vehicle. Certain types of income may be excluded from the calculation, such as support received for other children, food benefits, and other forms of general public assistance.
In addition to direct support payments, a parent may also be required to contribute to childcare costs and other expenses, such as medical insurance coverage for the child. The calculation of child support may also take into account factors such as the number of children in need of support, any pre-existing support obligations, and health insurance premiums paid by either parent.
There are online calculators and worksheets provided by the state of North Carolina to help estimate the monthly child support amount. Once the amount is determined, the judge will instruct on how to make the payments. This may include automatic deductions from the paying parent's paycheck, online payments, or bank drafts.
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Payment methods
Direct Payments
Direct payments can be made online using a credit or debit card, or by setting up automatic bank drafts. You can register for an account on the ePayments site or the NC Child Support Services website. Alternatively, you can call North Carolina Child Support Enforcement at 1-877-361-5437 for more information on payment options.
Credit or Debit Card
You can use your Mastercard®, Visa®, Discover Card®, or American Express® to make a child support payment. A service fee of 2.5% will be charged for using this service, which is separate from your child support obligation. You can register to pay by credit or debit card on the Smart Child Support website.
E-Wallet
You can make your child support payment using Apple Pay, Google Pay, PayPal, or Venmo if you have your credit/debit card linked to an e-wallet account. A service fee of 2.5% will be charged for using this service, which is separate from your child support obligation. You can register an account to add an e-wallet pay method on the Smart Child Support website.
In-Person at Walmart
You can make North Carolina Child Support payments at any Walmart nationwide. Visit the Walmart Money Center or Customer Service Desk, request to make a bill payment to North Carolina Child Support, and provide the representative with your picture ID, name, and MPI number (without the leading zeros). Payments can be made with cash or debit card. A $2.00 service fee applies in addition to the payment amount.
To pay your child support by mail, make your check or money order payable to North Carolina Child Support. Include your check or money order with your payment coupon in the provided self-addressed envelope. If you have not received your coupons by mail, you are still obligated to make your payment. Include your Master Participant Index number (MPI), docket number, name, and address on a blank sheet of paper with your payment or fill out a blank coupon.
Income Withholding
Income withholding from paychecks is required by law for most child support cases. Employers are required to withhold income for child support orders, and the deducted amount must be sent to the North Carolina Child Support Centralized Collections (NCCSCC) within seven days of the deduction. This process simplifies the wage withholding process, allowing employers to send one check to one address for North Carolina support payments.
Other Methods
In more severe cases of non-compliance, the court may issue contempt orders against a non-paying parent, which could lead to driver's license suspension or even incarceration until the debt is settled. Additionally, North Carolina law permits the interception of state and federal tax refunds, lottery winnings, and other sources of income such as insurance settlements, unemployment compensation, and bank accounts to cover outstanding debts.
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Enforcement
The Child Support Enforcement Agency (CSE) is available to help with child support cases in North Carolina. The CSE can assist with locating noncustodial parents, and various tools can be used to do so, including information such as the person's date of birth, social security number, or last known address.
Child support is typically paid monthly, with the first payment due on the first of the month after a judge signs an order. Judges can set up automatic deductions from paychecks, or payments can be made online or through automatic bank drafts. If payments are not deducted, the responsible party must make the payments themselves.
The amount of child support owed is based on the North Carolina Child Support Guidelines, which consider the income of both parents, the number of children, and the child custody arrangements. The Guidelines also outline a minimum child support order of $50 per month. If a parent believes the determined amount is insufficient to meet their child's needs, they can request a hearing with a judge to adjust the amount.
Income withholding is a common method of enforcing child support obligations. Employers in North Carolina are required to withhold child support from an employee's wages upon receiving a notice of wage withholding. The withheld amount is then forwarded to the state within seven business days. This process ensures timely and reliable collection of child support payments.
In cases where the non-custodial parent is unemployed or has other sources of income, such as unemployment benefits or worker's compensation, income withholding can still be applied. Additionally, if the non-custodial parent is employed but fails to make the required payments, the court may order the employer to withhold the specified amount from their wages.
For families with incomes exceeding $300,000 per year, the court has discretion in calculating support based on the children's lifestyle and needs. The court may also deviate from the Guidelines if adhering to them would be unjust or inappropriate.
The Child Support Enforcement Agency (CSE) provides various services to assist with child support cases, and one can always consult a family law attorney for guidance on specific circumstances.
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Frequently asked questions
The Child Support Guidelines require a minimum child support order of $50 per month.
The North Carolina Child Support Guidelines consider income from any source, including salary, bonuses, commissions, pension, severance pay, capital gains, and social security benefits. The number of children in need of support and the child custody arrangements are also taken into account.
Child support is typically paid on a monthly basis in North Carolina.
Yes, a parent can request a hearing with the assigned judge to modify the child support amount. The judge has the authority to adjust the amount based on the evidence presented and a "substantial change" of circumstances.
