How Your Custody Agreement Affects Child Support in North Carolina
One goal of child custody agreements is to allow children to grow up with a strong connection to both parents. Sometimes, though, it can feel like fights over visitation schedules and overnight visits have more to do with money than relationships. Find out how your custody agreement affects child support in North Carolina, and what you can do if your co-parent is focused on the wrong priorities.
Will You Have to Pay Child Support if You Have Joint Custody?
Some parents assume that if their child is staying with them that means they won’t have to pay child support. It is generally true that the non-custodial parent will be ordered to pay support to the custodial parent. However, negotiating a joint custody agreement won’t automatically reduce your child support amount to zero. The amount joint custodians will owe depends on the income of both parents, who pays certain expenses for the children, and the number of overnights the kids spend in each parent’s home.
How Your Custody Agreement Affects Child Support Amounts
For most families in North Carolina, setting child support is a math problem. The North Carolina Child Support Guidelines calculate a presumed child support amount based on each parent’s:
- Gross monthly income
- Child support payments for other children (including children from prior relationships)
- Responsibility to support other children without an order (such as in a second marriage)
- Work-related childcare costs
- Health insurance payments and health care costs related to the child
However, which child support calculator applies depends on the parties’ physical custody agreement or court ordered custody arrangement. There are three worksheets that apply depending on whether your family’s custody arrangement involves:
- Primary Custody: Where one parent is the primary custodian for all children included in the child support order
- Joint or Shared Custody: When each parent has at least 123 overnights with each child included in the support order
- Split Custody: When each parent is the primary custodian for at least one child included in the child support order
How North Carolina Child Support Amounts are Calculated in Joint Custody Cases
If you have a shared custody agreement, the base support – or the amount the Guidelines assume you and your co-parent will spend on your children – is increased by half. This accounts for the added expense of maintaining two homes for the child or children. Then, the formula applies percentages that account for the number of overnights the children spend with each parent. The closer your child custody agreement is to a 50/50 parenting division, and the closer the parents’ incomes, the smaller the total net support amount will be.
Why Some Parents End Up Fighting Over Overnights
The North Carolina Child Support Guidelines measure custody based on overnights. While this works for many families, sometimes it can have unfair results when one parent:
- Has visitation is primarily during the day
- Works nights
- Is the daytime childcare provider for pre-school children
In other cases, parents trying to negotiate a separation agreement may fight for overnights they don’t want or may not even exercise as a way to reduce their child support payments. A custodial parent should not sacrifice money they will need to pay their kids’ expenses just to reach a settlement. However, sometimes a slight adjustment in the amount of support can save enough time, effort, and attorney fees to make the reduction worthwhile.
In any of these circumstances, it may make sense to negotiate a Voluntary Support Agreement that adjusts the amount in the Guidelines in a way that is fair to both parties. You may also ask a court to deviate from the North Carolina Child Support Guidelines based on your children’s need or your own inability to pay. However, even in low-income cases, the minimum child support order is $50 per month. If you and your co-parent can’t agree on a child support amount, the judge will make a decision based on the Guidelines and the best interests of the children.
At the Cox Law Firm, our experienced and compassionate child support attorneys understand the North Carolina Child Support Guidelines and how various custody agreements can change the amount each parent will pay. We can help you get the child support you need or avoid paying more than you should. If you are ready to get started, please get in touch with the Cox Law Firm by calling 704-243-9693 or visiting our Contact Page.