General
Citation: N.C. C.S.G
Last Updated: 1/1/2019
Authority: Court Rule (G.S. 50-13.4(c1)
Guidelines Model: Income Shares
Economic Study: Betson-Rothbarth 2010
Guidelines Responsibility: NCCDSS
Guidelines Approval:
Last Guidelines Review (2016)
Previous Guidelines Review (2012)
Basic Child Support Obligation (BCSO) Schedule
Last Updated:
Income Base: Gross Income
Frequency: Monthly
Income Measure: Combined Adjusted Gross Income
No. of Children Categories: 1, 2, 3, 4, 5, 6
Minimum Income Bracket: $0-$1,150
Maximum Income Bracket: $30,000
More than Maximum Income: Court should set support in such amount that meets reasonable needs of child for health, education and maintenance having due regard to the estates, earnings, conditions, accustomed standard of living of the child and the parties, child care and homemaker contributions of each party and other facts of the particular case
BCSO Factors/Assumptions/Adjustments
Age: No
Cost of living: No
Expenditures Measurement: Based on economic data which represent adjusted estimates of average total household spending for children between birth and age 18, excluding child care, health insurance, and health care costs in excess of $250 per year.
Low-Income: Yes
Medical Expenses: Yes
Parenting Time:No. Expenses incurred in exercise visitation are not factored into schedule
Poverty Level: 2018
Price Level: 2014
Subsequent Children: Must deduct from income
Taxes:
Low-Income1
Self-Support Reserve/Low-Income Amt: 2018 FPL for one person ($1,012/month)
Discretionary: No
SSR/LI Adjustment Application: Built into schedule. Obligator with adjusted gross income less than $1,108/month, minimum amount $50/month
Deviation Criteria: Court may deviate below minimum $50 order
Threshold Income: N/A
Limitations: If obligator’s adjusted gross income is in shaded area, only obligator’s income is used.
Minimum Child Support Amount: $50
Limitations on Minimum Child Support Amount: N/A
Notes: N/A
Deviation Factors
1. Childcare costs incurred while custodial parent attends school2.
Medical Expenses
Ordinary: $250 per year per child
Extraordinary: Uninsured expenses in excess of $100 for single illness or condition
Childcare Expenses
Added to Basic Child Support Obligation
Education Expenses
Added to Basic Child Support Obligation
Modification
-Three years since last child support order was entered
-Variance in child support of 15% or more
Termination5
Age of Majority: 18 years of age
Ends: Age of majority unless attending secondary school full time or up to age 20 whichever comes first.
Statute: N.C. Gen. Stat. §50-13.4
College Support beyond Age of Majority: No statute or case law holding parents to a duty to college support in the absence of an agreement.
Exception for Adults with Disabilities: Incapable of self-support upon reaching Age of Majority shall still be considered same as a minor child
Criminal Penalties for Nonpayment3
Source: N.C. Gen. Stat. § 14-322, N.C. Gen. Stat. § 15A-1340.23
Crime: 1st offense: Class 2 Misdemeanor; 2nd and Subsequent: Class 1 Misdemeanor
Maximum Penalty: Up to 30 days; Up to 45 days
Interest and Arrears4
Arrears: No
Summary:
Statute:
License Restrictions for failing to pay Child Support2
Statute: N.C. Gen. Stat. § 50-13.12, N.C. Gen. Stat. § 110-142 through 110-142.2
Type: Driver’s, Occupational, Professional Recreational, Business
Threshold: One month or failing to comply with subpoena
Reinstatement: 14 days given to request to establish schedule or contest order
State Contact
Name: Ms. Beverly Hewett
Title: Child Support Supervisor II
Email:
Phone Number: (919) 855-4755
Address: PO Box 20800, Raleigh, North Carolina 27619-080
Links
Child Support Calculator
Child Support Guidelines
FindLaw
References
1Judicial Council of California, Review of Statewide Uniform Child Support Guideline, October 25, 2017
2https://www.ncsl.org/research/human-services/license-restrictions-for-failure-to-pay-child-support.aspx
3https://www.ncsl.org/research/human-services/criminal-nonsupport-and-child-support.aspx
4https://www.ncsl.org/research/human-services/interest-on-child-support-arrears.aspx
5https://www.ncsl.org/research/human-services/termination-of-child-support-age-of-majority.aspx