Raleigh Child Support Attorneys
Like most states, North Carolina has adopted Guidelines for determining child support. Under the Guidelines, child support is determined using an “income shares model.” The income shares model is based on the concept that child support is a shared parental obligation and that a child should receive the same proportion of a parent’s income that they would have received if their parents lived together. The custodial arrangement may also affect the amount of support. For example, child support will be determined using Worksheet A of the Guidelines if the child lives primarily with one parent for at least 242 nights during the year. Worksheet B applies if each parent has custodial time with the child for at least 123 overnights each year and there is a true sharing of the child’s expenses. Worksheet C is used when parents have split custody (i.e., one child lives primarily with one parent, and another child lives primarily with the other parent). For help understanding these worksheets and how they might apply to your family, consulting an experienced Raleigh, NC child support attorney can be invaluable.
Calculate Child Support
These Guidelines are not used in every child support case. In cases where the parents’ combined gross (pre-tax) monthly income is $40,000.00 or greater ($480,000 annually), the Guidelines do not apply (although the schedule of basic child support may still help the court establish a minimal level of support). In those cases, the court determines child support based on the reasonable needs of the child and the parents’ respective ability to provide adequate support. In other cases, even when the Guidelines do apply, the court may deviate from them if the standard amount would be unjust or inappropriate. Our Raleigh child support attorneys can assist in presenting the necessary evidence and arguments to request such a deviation.
When determining child support, a court has the authority to order a parent to maintain health insurance for the benefit of the child when coverage is available at a reasonable cost. The cost of that insurance premium is added to the basic child support obligation and then divided between the parents in proportion to their respective incomes. If a parent has access to insurance through an employer-sponsored plan, it is presumed to be available at a reasonable cost.
The court may also order that unreimbursed or uninsured health care expenses exceeding $250 per year be shared between the parents. These costs can include medical, dental, orthodontic, mental health, or therapy expenses. The court often assigns these costs proportionally—so if one parent earns 70% of the combined income, they may be responsible for 70% of the unreimbursed expenses.
Just like health insurance, reasonable childcare costs related to employment or job searches are added to the basic child support obligation. In certain situations, extraordinary child-related expenses—such as private school tuition or transportation between parents’ homes—may also be included if deemed reasonable and in the child’s best interests. These determinations are made on a case-by-case basis, and guidance from experienced child support attorneys in Raleigh, North Carolina, can help ensure that all relevant expenses are properly considered.
It is important to discuss any child support concerns with a family attorney to ensure that your child’s reasonable and necessary needs are met and that your rights are protected throughout the process.
Frequently Asked Questions
How is the amount of child support determined?
Like most states, North Carolina has adopted Guidelines for determining child support using an “income shares model.” This model assumes that both parents share financial responsibility and that the child should receive the same proportion of income as if the parents lived together. Custody arrangements can also impact the calculation. For guidance on which worksheet applies to your situation, speak with a trusted Raleigh child support lawyer.
What about health insurance coverage for my child? Is that part of child support?
Yes. The court can order either parent to maintain health insurance for the child if it’s reasonably affordable. The cost of the insurance premium is included in the overall child support calculation and divided proportionally between parents based on income.
Do I have to pay income tax on child support I receive? Does my husband get to deduct this from his income?
Child support payments are not taxable as income to the parent receiving them, nor are they tax-deductible for the parent making the payments.