How Much Child Support is the Maximum Amount in North Carolina?

Maintaining two households is more expensive than maintaining one, which is why you might face legitimate financial concerns if you have a child and you don’t live together with the other parent. Since North Carolina’s child support payment system can be confusing for the uninitiated, it’s important that you understand how North Carolina calculates child support. It is particularly important to understand the upper limits if you or the other parent have a high net worth.

Overview of North Carolina child support guidelines

The North Carolina Child Support Guidelines set forth the standards that determine how much child support a parent must pay. These guidelines are revised every four years. In the “income shares” model of calculating child support, the court:

• Aggregates the parents’ gross monthly income.
• Assigns each parent a percentage of income.
• Calculates the total amount of child support due based on guidelines issued by the North Carolina Conference of Chief District Court Judges.
• Has each parent pay their proportionate share of the child support due.

If the monthly child support obligation is $2,000, for example, and if one parent makes 40% of both parents’ aggregate gross monthly income, that parent’s monthly child support obligation is $800. If that parent is non-custodial, then that parent might have to pay a monthly payment of up to $800 to the custodial parent. A court will use Worksheet A, Worksheet B, or Worksheet C to calculate child support. Which one the court uses depends on custody arrangements.

Additional factors

Courts routinely adjust this figure based on the number of children, the percentage of time each parent spends with each child, health insurance premiums, childcare costs, etc. These factors are plugged into the applicable worksheet (A, B, or C).

Child support payments

The parent typically pays child support payments without primary physical custody (the non-custodial parent). If the parents spend roughly equal time with their children, however, a court might decide to “call it even” and not impose child support payments on either parent.

The rebuttable presumption in favor of the child support guidelines

North Carolina Child Support Guidelines create a rebuttable presumption that the income shares model accurately calculates the amount of child support that a court should impose. A court can deviate from this amount if (and only if) one of the parties proves, by a preponderance of the evidence, that a higher or lower amount is justified.

This rule is a reflection of the fact that the best interests of the child are the paramount consideration.

The “maximum” threshold in North Carolina guidelines

Standard worksheets (worksheets A, B, and C as mentioned above) only apply when the parents’  monthly gross income is $40,000 or less. Income above this level triggers a deviation from the income shares model. That means the courts do not have to use the worksheets, and the rebuttable presumption vanishes.

A judge faced with a high-income couple must calculate child support obligations based on the child’s actual needs rather than strict adherence to the guidelines. Unlike the case with lower-income parents, the judge does not have to wait until someone proves that deviation from the guidelines is justified. Instead, the judge enjoys inherent discretion.

What happens when income exceeds $40,000 per month?

Even if the parents’ aggregate income exceeds $40,000 per month, the family law judge cannot make an arbitrary decision. Instead, they must make a reasoned decision based on facts. To do otherwise would invite an appeal. Relevant factors the judge might consider include:

• The child’s accustomed standard of living.
• Special expenses (travel for visitation, for example).
• Special medical or educational needs.
• Each parent’s ability to pay.

This is not an exhaustive list — a court can take many other factors into account.

Is there a specific maximum amount of child support?

North Carolina family law does not impose a specific dollar maximum for child support obligations. Nevertheless, it is unlikely that a judge will assess a billion dollars a month in child support no matter how rich the paying parent is. A court will assess the reasonableness of a proposed amount of child support.

One trick that family court judges are alert to is an attempt to set child support at an amount that far exceeds the child’s needs. Such “child support” is often simply an attempt at unjust enrichment of the custodial parent (not the child) at the expense of the non-custodial parent. A court might also reject unreasonable expenses, such as designer clothing or high-end electronics for a 6-year-old.

Deviation from North Carolina child support guidelines — when and how it happens

If the parents’ combined income exceeds $40,000/month, the judge enjoys expanded discretion to set the amount of child support obligations. Consequently, there is no need to request a deviation from the North Carolina Child Support Guidelines – the judge already enjoys the authority to deviate.

In most cases, where the parents’ combined income does not exceed $40,000 per month, you must request permission to deviate from the North Carolina Child Support Guidelines. Typical grounds for deviation include special needs of the child, non-standard custody arrangements, significant income disparity in shared custody situations, or situations where strict application of the guidelines would produce an unjust or inappropriate result.

Procedural requirements

To succeed, the requesting party must prove, by a preponderance of the evidence, that the guideline amount either exceeds or fails to meet the child’s needs, and that the deviation serves the child’s best interests. The deviation can exceed the guidelines, or fall below the guidelines (to relieve the paying parent of an undue burden). All deviations require written findings by the court.

Tips for high-income parents

If you are a high-income parent you would do well to observe certain precautions. First, you need to thoroughly document all child-related expenses that you incur. Additionally, try to negotiate a private support agreement with the other parent. The terms of a private support agreement typically apply unless they are not in the best interests of the child.

A North Carolina child support lawyer can help

Two of the most important points for you to remember are (i) the best interests of the child come first, and (ii) North Carolina imposes no fixed maximum child support obligation. You also need to remember that North Carolina treats high-income cases differently. Seek legal guidance to protect your financial interests and your parental rights.

Contact North Carolina family law firm Epperson Law Group PLLC to schedule a consultation so that we can listen to your story, help you clarify your goals, and explore your options. Since we are trilingual, you can contact us in English, Spanish, and Greek.