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How Is Child Support Determined? Wilmington, NC Child Support Guidelines

Russell Family Law & Litigation • Jul 18, 2019

North Carolina Guidelines on Child Support

Mother and daughter spending time together

Going through a divorce can be an overwhelming process and it doesn’t help that different states have their own rules and regulations. Here is a clear breakdown of how child support payments work in North Carolina. Hopefully, these guidelines make it clearer as to how these payments are determined.

North Carolina Guidelines
The North Carolina child support guidelines were revised on January 1, 2019 and apply to cases that were heard on or after that date. They state that the paying parent must have enough income to maintain the minimum standard of living, which is $1012 per month. The amount of support that is due each month is determined by using the combined gross incomes of both parents (see calculator at bottom of this page). If the obliged parent makes less than $1108 in adjusted gross income, a minimum support order of $50 is established. In addition, child care and health insurance premiums are not factored into the computed support amount due.
  

Expenses Included in the Support Obligation
When determining how much a parent should pay in support each month, the state of North Carolina follows the “income shares” model, which was developed by the U.S. Office of Child Support Enforcement. The income shares model stands by the belief that the financial responsibilities of a child should be shared by both parents. That being said, the amount that each parent pays towards his or her child’s care and well-being should be proportional to his or her income.

Cases of Existing Support for Other Children
If the obliging parent is currently making existing support payments, the amount of those payments will be deducted from his or her adjusted gross income calculation. Moreover, a court judge may take into consideration the fact that the parent is now obligated to pay support for two or more children. As such, the judge may decide that this warrants a deviation from the typical support guidelines and may modify the payment terms.

Child Care and Health Insurance Premiums
If there are child care costs that a parent pays for through his or her employment and are of reasonable nature, the amount is added to the basic support obligation. That amount is then divided between the parents based on their respective incomes. If there are child care costs that are the result of the primary custodial parent attending school, those incurred costs may warrant a deviation.

As for health insurance premiums, those costs are added to the basic support obligation and include medical and dental insurance. The amount is then divided between the parents based on their respective incomes. If health insurance payments are made by the parent’s employer, they are not included in the basic support obligation. The basic guidelines include $250 per child for uninsured medical and dental costs.

Extraordinary Expenses
Additional expenses such as payments for a private school, special education, or transportation between the parents’ homes may be added to the basic support obligation. The amount that each parent pays will reflect his or her adjusted gross income as long as the court determines that these expenses are reasonable and necessary for the child’s welfare.
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https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_50/gs_50-20.html
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