IS SUPPORTING YOUR LITTLE BUNDLE OF JOY COSTING YOU AN ARM AND A LEG?  WHAT IS THE COURT BASING YOUR PAYMENT ON?

            Throughout the United States, child support is a heavily litigated issue, and North Carolina is no different.  Many questions arise regarding child support in North Carolina.

If I am required to pay child support, how does the court determine how much money I will have to pay?

In North Carolina, child support is governed by the North Carolina Child Support Guidelines.  The North Carolina General Statutes requires the Conference of Chief District Judges to meet on an ongoing basis and revise the Child Support Guidelines to reflect the most effective way to determine what a non-custodial parent (the parent who does not have primary legal or physical custody of the child) is required to pay for the support and care of his or her child.

Generally, a person’s child support obligation is determined by a parent’s gross monthly income.  Multiple factors are looked at by the court to determine a parent’s gross monthly income including:

1. Income from employment or self-employment (salaries, wages, commissions, bonuses, dividends, severance pay, etc.),
2. Ownership or operation of a business, partnership, or corporation,
3. Rental of property,
4. Retirement or pensions,
5. Interest, trusts, annuities, capital gains,
6. Social Security benefits, worker’s compensation benefits, unemployment insurance benefits, veteran’s benefits, disability pay and insurance benefits,
7. Gifts, prizes and
8. Alimony or maintenance received from persons other than the parties to the instant action.

Also, the North Carolina Child Support Guidelines specifically outlines types of income that are not taken into consideration when determining child support obligations, including:

1. Adoption assistance benefits,
2. Benefits received from public assistance programs, including but not limited to:
   1. Temporary Assistance to Needy Families (TANF),
   2. Supplemental Security Income (including SSDI),
      1. NOTE: The Social Security Administration has programs that help support children of SSI beneficiaries. However, this income will not be used in the determination of Child Support under the Child Support Guidelines.
   3. Electronic Food and Nutrition Benefits, and
   4. General Assistance.
3. Child support payments received on behalf of a child other than the child for whom support is being sought in the present action,
4. Employer contributions toward future Social Security and Medicare payments for an employee, and
5. Amounts that are paid by a parent’s employer directly to a third party or entity for health, disability or life insurance, or retirement benefits and are not withheld or deducted from the parent’s wages, salary, or pay.

Please keep in mind that an Order for Child Support is effective from the date of filing of the Complaint.  This means that a non-custodial parent may be forced to pay back child support once an Order is in place.

If I am unemployed, will I have to pay child support?

It depends.  Just because you are unemployed, does not mean that you are not receiving some sort of monetary assistance that the court would consider in determining your gross monthly income.  If the court determines that the amount of income that you are receiving per month falls below the federal poverty level, it will take that into consideration when determining your obligation to pay child support.  In 2016, a person who receives less than $972.50 per month would be considered to have an income that falls below the poverty line.

However, it is important to be honest to the court about your income and your ability to work because there could be serious consequences for dishonesty.  If the court determines that a non-custodial parent is deliberately unemployed or underemployed in order to avoid paying child support, then the court could elect to impute an income on that parent in determining his or her child support obligation.  If a non-custodial parent is deliberately avoiding employment to avoid paying child support, the court has the option to base that parent’s child support payment on that parent’s earning potential, not their actual income.  A dishonest parent’s earning potential will likely be based on the parent’s recent work history, his or her occupational qualifications, his or her job opportunities, and potential earning levels.

Child Support litigation can be extremely complicated and it is important to consult with an Attorney to ensure that both your interest and the interests of your little bundles of joy are protected to the fullest!

Drafted by Ashlee Y. McGinnas, Juris Doctor Candidate 2017 

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