Making Sure Your Children Are Supported Fairly Under North Carolina Law
Child support is one of the most straightforward areas of family law on paper, but the real-world application is not always simple. Income calculations, deductions, adjustments for custody time, health insurance, childcare costs, and extraordinary expenses all factor in. When one parent is self-employed, has irregular income, or is underemployed, the calculations get more complicated.
At Petrelli Previtera, LLC, our Asheville child support attorneys help parents on both sides of support disputes. Whether you are seeking support for your children or responding to a claim, we make sure the numbers are accurate and the result is fair.
How Child Support Works in North Carolina
NC uses an income shares model, which calculates support based on what both parents would have spent on the child if the family were still together. The North Carolina Child Support Guidelines provide a formula that considers:
- Both parents’ gross income — wages, salary, commissions, bonuses, self-employment income, rental income, and other sources
- The custody arrangement — the number of overnights each parent has affects the calculation
- Health insurance premiums for the child
- Work-related childcare costs
- Extraordinary expenses — including special medical needs or educational costs
The guidelines produce a presumptive amount, but the court can deviate from the guidelines if strict application would be unjust. Our attorneys know when and how to argue for deviation when the circumstances warrant it.
Common Child Support Issues
Self-employment and variable income: When a parent’s income is not straightforward, determining the correct amount requires a closer look at tax returns, business records, and financial statements.
Imputed income: If a parent is voluntarily unemployed or underemployed, the court can impute income based on their earning capacity rather than their actual earnings.
Modifications: Child support can be modified when there is a substantial change in circumstances. A new job, a job loss, changes in custody time, or changes in the child’s needs can all justify a modification.
Enforcement: If a parent is not paying court-ordered support, we can help enforce the order through contempt proceedings. NC takes enforcement seriously, and the tools available include wage garnishment, tax refund intercepts, and even jail time in extreme cases.
Support beyond age 18: In North Carolina, child support generally ends when the child turns 18 or graduates from high school, whichever is later. Unlike some states, NC does not require parents to pay for college.
Child Support FAQs
How is child support calculated in NC?
NC uses the income shares model. Both parents’ incomes are combined and run through the guidelines to determine the total child support obligation, which is then divided proportionally based on each parent’s share of the combined income.
Can child support be changed?
Yes. Either parent can file a motion to modify if there has been a substantial change in circumstances since the last order. A change of 15% or more in the support amount based on current incomes is generally considered substantial.
What if the other parent is hiding income?
Discovery tools, including subpoenas and financial document requests, can be used to establish actual income. Our attorneys are experienced at identifying discrepancies in financial disclosures.
Does custody affect child support?
Yes. The number of overnights each parent has directly affects the support calculation. A significant change in custody time can be grounds for modifying support.
Service Areas
Our child support attorneys serve parents across Buncombe County, Henderson County, Yancey County, Madison County, Transylvania County, Polk County, and Haywood County.
If you have questions about child support, whether you are seeking an initial order, a modification, or enforcement, schedule a consultation with our Asheville team.