Are you a parent of young kids or teenagers who is prepared for a divorce in Charlotte or elsewhere in North Carolina? Child support is likely to be an issue in your case. It can be a complicated matter—particularly for high-income and high-asset couples. How is it calculated in these cases? North Carolina has predetermined child support guidelines—but they may be deviated from when deemed warranted by the court. Here, our Charlotte child support lawyer explains the key things to know about how payments are calculated in a high-income divorce in North Carolina.
Know the Basics: Child Support Guidelines in North Carolina
North Carolina has child support guidelines that courts use to calculate how much should be paid.
There is a formula that is used to determine the right amount of child support. Several factors are used to run the calculation. As explained by the North Carolina Department of Health and Human Services (NCDHHS), “the most significant variables are each party’s income, daycare expenses, the cost of medical insurance, and the living arrangements of the children.” Here are three key points that parents should know about the child support guidelines:
- Income Calculation: The court reviews each parent’s gross monthly income, including wages, salaries, commissions, self-employment earnings, and certain benefits. Allowable deductions, such as pre-existing child support obligations and specific health insurance premiums, may also be factored in to determine each parent’s income.
- Parenting Time: If parents share custody or have an arrangement in which the child spends a significant amount of time with each parent, child support may be adjusted to reflect the parenting time and any expenses each parent reasonably incurs during their custodial time.
- Child Care and Medical Expenses: Costs for work-related child care and health insurance premiums paid on behalf of the child are added to the basic child support obligation. These extra expenses are then split between the parents based on their income share.
In North Carolina, the child support guidelines are used as the baseline in every divorce and separation case—regardless of the income of the parents. Our state’s child support guidelines may be used as the starting point for calculating child support even for high-net-worth parents, but child support can be set higher depending on other factors such as the children’s standard of living during the parties’ marriage and the children’s reasonable needs and expenses.
Child Support in High-Income Divorce (Deviation is More Likely)
North Carolina courts recognize that our state’s predetermined child support guidelines are not the right fit for every case. It is possible to deviate from the child support guidelines in North Carolina—in either direction. Courts may award more (or less) child support that would be called for based on the guidelines if a deviation is deemed to be equitable and in the best interests of the children. Notably, a deviation is far more likely for high-net-worth divorce couples as the law states that the child support guidelines cannot be used to determine a basic child support obligation but may be of assistance to the court in determining a minimal level of child support in these cases.
Indeed, child support in high-income divorces often raises unique considerations beyond the standard guidelines. If the basic formula does not sufficiently address the child’s financial needs or leads to an inappropriate award, the court can adjust accordingly. There may be cases in which a focus on income does not accurately reflect the financial position of the parents. Another key point specialized expenses—like private schooling, extracurricular activities, tutoring, or extensive medical needs—may be considered when calculating support.
Note: The parent seeking a deviation from the child support guidelines—in either direction—has the burden of proving that is appropriate under state law.
A Collaborative Solution May Work Best for High-Net-Worth Divorcing Parents
For parents going through a divorce, getting locked into a difficult, high-conflict legal battle is not the ideal result. A collaborative solution to a child support dispute can save a lot of time, money, and stress for high-income parents. For that reason, a collaborative approach often works best in these cases. At the same time, there are also circumstances in which a parent needs to take aggressive action to protect their rights and their interests. A trial-tested Charlotte family lawyer can help you navigate a high-conflict child support dispute in North Carolina.
How Our Charlotte Child Support Lawyer for High-Income Parents Can Help
Child support can be complicated—especially so for high-net-worth couples. A deviation from the state-mandated child support guidelines is far more likely in this type of case. Our North Carolina family attorney Jennifer Dixon is prepared to provide the personalized guidance and support that you can rely on. If you are a high net-worth parent who is preparing for a divorce, our Charlotte child support lawyer is standing by, ready to protect your legal rights and your financial interests.
Contact Our Charlotte Family Lawyer Today for Help With Child Support in North Carolina
At Remington & Dixon, PLLC, our Charlotte child support attorneys have the professional knowledge, skills, and expertise to represent high-income/high-asset parents in a divorce case. Give us a call now or contact us online to arrange a fully private case review. With an office in Charlotte, we provide child support representation to high-income parents going through divorces in Mecklenburg County and throughout the wider region of North Carolina.
