Establishing an Order to Pay Child Support

North Carolina state law requires that child support be determined by a formula through the North Carolina Child Support Guidelines. These guidelines assume that the child should receive a proportional amount of each parent’s monthly income as if they lived together. Thee guidelines are intended to meet the needs of the children, while remaining fair to both parties.
 
Child support orders specify the amount of money that a non-custodial parent must pay. The formula used to calculate the amount of support necessary involves two steps.

1. Calculating the parents’ total gross monthly income; and
2. Calculating the percentage that each parent contributes to the total.

 
These guidelines also consider other biological children each party may have, as well as child care costs and medical insurance costs for the child(ren) in the order.
 
You should also know that:

• Child support obligations have priority over all other financial obligations
• In addition to setting child support, the order may require one or both parties to provide health insurance coverage for the child(ren).

 
How does the process work?
 
The non-custodial parents are served with a Civil Summons and Complaint. They can respond to these documents in one of the following ways:

• Filing an answer
• Providing financial information to the child support office prior to the hearing date and signing a voluntary support order
• Getting an attorney who will help respond to the Complaint
• Appearing at the hearing

 
If the non-custodial parent does not respond or appear in court, the court will accept the information contained in the Complaint to Establish Support as true and will issue an order to pay child support based on that information.
 
It is always easier for everyone if both parties work together to establish a child support order. By reaching an agreement that is based on the North Carolina Child Support Guidelines, a court hearing is not required.