Updates and Changes in North Carolina's Child Support Guidelines
by Jim Siemens
Like other states, North Carolina has its own written child support guidelines which may be used to calculate the amount of child support that one parent may have to pay to the other parent. As of the date of this post, North Carolina’s current child support guidelines are those that became effective on January 1, 2023. There were two significant changes made to the 2023 child support guidelines.
One change in the 2023 guidelines is the substantially increased income threshold to which the guidelines apply. The guidelines previously in effect could be used by parties whose combined gross income was a maximum of $360,000 per year ($30,000 per month). The current 2023 guidelines increased the income threshold to apply to parties who have a combined gross income of up to $480,000 per year ($40,000 per month). The substantial increase in the income threshold should enable more parties to use the guidelines to compute a presumptive child support obligation thereby decreasing the number of contested child support cases that must be determined by a judge.
It is important to bear in mind that even when the parties have combined income that falls within the income guidelines, certain factors may support a deviation from the child support guidelines. For example, when a parent is paying child support for two or more children under two or more court orders or agreements, those circumstances may be considered as a factor that justifies a deviation from the guidelines. When the parties' combined income exceeds $480,000 per year, or when there is a factor that justifies deviation from the guidelines, child support must be determined on a case-by-case basis.
Another noteworthy revision in the 2023 child support guidelines is the removal of the longstanding provision prohibiting the imputation of potential income to a parent who is the primary custodian of a child under three years of age for whom the child support is being determined. The 2023 guidelines now contain a provision stating that “[i]n determining whether a parent’s voluntary unemployment or underemployment is the result of the parent’s bad faith or deliberate suppression of income, the court shall consider the specific circumstances of the parent, including the presence of a young or physically or mentally disabled child in the home of the parent impacting the parent’s ability to work.”
North Carolina law requires the Conference of Chief District Judges to review the North Carolina Child Support Guidelines at least once every four years to ensure that application of the guidelines results in appropriate child support orders. The next review of the guidelines is scheduled to occur in 2026, but, as of the date of this post, no updates or changes have been published. The current North Carolina Child Support Guidelines can be accessed online at this link.
Laws, child support guidelines, and other information that may be relevant to your case is subject to change. Therefore, it is essential to ensure that you are relying on current and up to date information when viewing websites, blog articles, and other materials.
Siemens Family Law Group provides family-law related legal services to clients in Asheville and throughout Western North Carolina. Our knowledgeable and experienced attorneys have decades of combined family law experience. We are available to assist you with all aspects of your divorce, including family financial matters that involve establishing or modifying child support, high-income child support, and/or cases with factors that support deviation from the child support guidelines.
DISCLAIMER: This article is for information purposes only and is not to be considered or substituted as legal advice. The information in this article is based on North Carolina state laws in effect at the time of posting.