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child custody and child support state laws and legal information.
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Summary of North Carolina Child Custody, Child Support
and Visitation Law |
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The laws of North Carolina governing child custody and support are contained in the North Carolina Statutes, available at this link.
To fully understand North Carolina law, it may be necessary to read and interpret statutes with case law and regulatory law. It is also important to know if law is up to date. For these and other reasons, it is always best to consult with a qualified family law attorney to know how the law applies to your particular situation. The following legal summaries are not intended as legal advice and should not be relied on as such. They are intended only as an introduction to the way that the law functions in these areas.
Child Support in North Carolina
Child support is a court-ordered payment by one parent to the custodial parent of a minor child, generally after divorce or separation. Child support in North Carolina is calculated on the basis of the “Income Shares Model,” which ensures that the child receive the financial support in the same proportion as he or she would have received if the child's parent lived together.
In determining the amount of child support, courts take into account the reasonable needs of the child for health, education, and maintenance. Courts also consider the income and assets of the parents, as well as the standard of living to which the parents and children have become accustomed. The child care and homemaker contributions of each party and other facts are also to be taken into consideration while determining the child support amount. Child support is generally required to be paid on a monthly basis.
North Carolina courts determine the actual amount of child support payments by applying guidelines, which are described in detail at this link. Courts may deviate from these guidelines if they find that application of the guidelines would mean that the reasonable needs of the child would not be met.
A court may order the continuation of child support beyond 18 years of age if:
• The child is an emancipated minor;
• The court finds the child is regularly attending high school on a full time basis with a reasonable expectation of completing sufficient credits to graduate from high school while residing on a full-time basis with the recipient of support or at an institution, but in no case after the child reaches 19 years and 6 months of age.
Child Custody in North Carolina
In North Carolina, custody determinations are made by courts based on the best interests of the child. Court may consider sole custody or joint custody and may make a custody determination if the parties are not able to come to an agreement themselves regarding custody. Factors that the court may take into account include the safety of the child, occurrence of domestic violence between the parties, and the safety of either party from domestic violence by the other party. A court in North Carolina will not automatically presume that a mother or father would better promote the interests and welfare of a child. In determining custody, some consideration may be given to a child’s preference if the court deems that a child is old enough to assist the court in this way.
Child custody determinations can be modified by a court if a party can show that there has been some substantial and material change that affects the best interests and welfare of the child.
Child Visitation in North Carolina
Visitation rights (and child custody) can be settled in two ways. Couples can agree to what is called a separation agreement. Or a court can make these decisions. A court can award joint custody to both parents or award primary custody to one parent and visitation to the other. It is rare for a parent to be entirely denied visitation time with a child. In most respects, visitation is determined by the same factors as is child custody. Sometimes visitation can be limited to supervised visitation if a court determines that a parent presents some harm to a child.
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