Who is Responsible for Support of Children?

Both the mother and father are required to contribute to the support of their child. This obligation exists even if the parents are not married. It continues after divorce and exists even when a parent has no right to custody of the child.
In determining the amount of support which a parent must provide, a court will take into account
the income and earning capacity of both parents and the needs of the child. In almost all cases, the court will use the tables and computations of the North Carolina Child Support Guidelines to determine the proper amount of child support. A copy of the guidelines and worksheets can be obtained at the office of the clerk of court.

Is Non-Support a Crime?

Yes. Willful neglect or refusal to provide adequate support by either parent is a criminal offense.
Also, willful failure to obey a court support order may be contempt of court for which a person may be imprisoned.

Can the Amount of Support
Ordered by the Court be Changed?

Yes. Either parent may seek a change (increase or decrease) of a support order if a substantial change in circumstances has occurred since the order was made.

When a Parent Moves Out of State

North Carolina and other states have a uniform law under which support orders from one state may be enforced and collected in the state where the supporting parent has moved. You should not remove a child from a state without consulting your lawyer.

Child Support After 18

The court may order child support for children until they turn age 18 unless they have not completed high school at that age. In that case, child support will usually be ordered through completion of high school but not beyond age 20. The court cannot order a parent to contribute to a child’s college expenses, but parents may agree to such payments in a binding separation agreement.

How Can I Locate an Attorney if I
Have Custody, Visitation or Support Problems?

If you have to retain a private attorney and do not know how to find one, you should contact the N.C. Lawyer Referral Service which is listed in the yellow pages of your telephone directory under “Attorneys.”
If you do not believe you can afford a private lawyer, you should contact the Legal Services Office in your county. Each county also has a child support enforcement agency you may contact for help in obtaining child support.