Raleigh Child Support Attorney

Whether child support is calculated on or off of the North Carolina Child Support Guidelines, specific expenses may be considered in the calculation, including:

• the cost of health, dental, and vision insurance;
• childcare expenses;
• “extraordinary expenses” in some cases;
• transportation costs between the parents’ homes;
• special education expenses;
• special needs and talents of the child.

It is also helpful to know how much time each parent will spend with the child before calculating support. The support guidelines will depend on whether a parent has sole custody, shared or joint custody, or split custody (where the parents divide the children between them).

North Carolina has the following Child Support Guideline worksheets based on the custody arrangement to determine support amounts for some parents:

• Sole or primary custody – Worksheet A
• Shared or joint custody – Worksheet B
• Split custody – Worksheet C

If the parties are unable to reach an agreement about child support, the final determination will be made by a judge. The Judge may apply the Child Support Guidelines but may also use his or her discretion to deviate from the standard formula. For example, if the guideline amount does not meet or exceeds the child’s reasonable needs or the circumstances of the parents. In addition, the guidelines won’t apply if the parents’ combined income exceeds $350,000 per year.

How Far Back Can Child Support Go in North Carolina?

In North Carolina, a plaintiff can seek retroactive child support for up to three years before filing for support. This is known as "back support". The custodial parent must ask the court to enforce retroactive child support against the other parent. It's not automatic or mandatory.

Modifying Your Child Support Order

The court understands that changes in circumstances may warrant changes in a support order. Once a child support order is in place, a parent may ask the court to modify its terms by filing a motion for modification. However, a court cannot change the amount unless either parent has experienced a substantial change in circumstances, primarily if a parent’s income has increased or decreased enough that it impacts their ability to pay child support. Generally, if a parent’s income has changed by 15% or more, a court will presume this is enough to justify a modification.

Some common reasons for modification could be the loss of a job, an injury, or even a new baby. If the current order does not include health insurance for the child, that may also be a good reason to request a modification to obtain this benefit for the child.

Contact Our Raleigh Child Support Attorney

If you are facing a need or lawsuit for child support, certain financial records and possibly a financial affidavit setting forth income and expenses will need to be gathered and shown in court. The legal team at Vitale Family Law in Raleigh, NC, can help you prepare your child support case and advocate on your behalf.