Questions on Child Support in North Carolina

• Going through a divorce is emotionally challenging, and children can cause the stress level to skyrocket. Typically, one parent will receive custody of the child and the other will be afforded visitation time. The parent without custody typically must provide money to support the child. In North Carolina, family law statutes govern child support.

What agency is responsible for child support enforcement in North Carolina?

• The North Carolina Department of Health and Human Services is the main agency that oversees child support programs in North Carolina. However, certain agencies operate as the authority on child support at the county level. County social services divisions (DSS offices) operate in some North Carolina counties. In counties that cannot operate a DSS office, state-operated child-support enforcement offices take over. Whichever authority operates, the same regulations and laws apply across the state.

What are the responsibilities of the noncustodial parent?

• Both parents have an obligation to provide for the support and well being of their children. The parent asked to pay child support is called the "noncustodial" parent. In addition to paying support, the noncustodial parent must keep the appropriate North Carolina child-support agency abreast of changes in information, including changes of address, employment or custody arrangements. Further, the noncustodial parent must respond to inquiries from the child-support enforcement agency; failure to do so could lead to court action.

How is child support calculated?

• North Carolina uses child-support guidelines to calculate the amount of child support a noncustodial parent must pay. Income is the primary factor when arriving at an amount. Income includes wages and money from investments; it can also be "imputed." Imputed income refers to a parent's earning potential. Essentially, imputed income prevents a noncustodial parent from taking a lower-paying job in a field where the parent is overqualified to work for the purpose of reducing the amount of child support owed.

Can child support be reduced?

• North Carolina law allows child support obligations to be modified in some instances. According to the North Carolina Department of Health and Human Services, pursuant to North Carolina General Statute 50-13.7, the court may modify a support order in the event of a "change in circumstance." Changes in circumstance include special needs of the child that developed since the order was put in place (such as physical or mental illness or disability) or a change in employment (provided the parent is not at fault for the change). Child support orders are typically reviewed every three years.