North Carolina Judicial Branch

Child support is money paid by a parent for the purpose of meeting the reasonable needs of the parent’s child for health, education and maintenance.

Child support can be arranged in several ways.

• Parents can agree on an amount for child support in a Separation Agreement. See the Separation and Divorce Help Topic for more information.  
• Parents may sign a Voluntary Support Agreement (VSA). A VSA is a child support agreement signed by both parties and then by the judge. Once a judge signs the VSA, it becomes a court order and is enforceable by the court.
• Child support can be arranged through the Child Support Enforcement Agency (CSE).
• The person who wants to receive child support can file a civil complaint in district court.

Any parent or person who provides care for a minor child living in his or her home can file for child support.

If you are caring for a child who lives with you, you do not have to have a court order granting you custody before requesting child support.

All parents are responsible for supporting their children, unless the parent’s rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

All children living in the United States are entitled to child support, regardless of the citizenship or immigration status of the child or the parents.

Parents can be obligated to pay child support even if they have joint custody of their children. See below for more information on how child support is calculated.

A child support case can be filed against an alleged father even if his name is not listed on the child’s birth certificate.

You may request a paternity test.

A judge will decide whether to grant your request. If CSE filed the child support case, the agency will require a paternity test. You may be charged for the cost of the test if you are found to be the father.

Child custody and child support are separate legal issues. Even if the other party denies you custody or visitation time, this does not affect your obligation to pay child support. See the Child Custody Help Topic for more information about custody and visitation issues.

If your case is filed through CSE, you can create an account here to view the status of your case, payments, and any arrears.

You can find the location of your county’s CSE office here. Your local CSE office will tell you what information the agency needs to assist you.

A child support case may be filed in the county where the child lives or is physically present or in a county where a parent resides.

Yes, you can request assistance from CSE. Contact your local CSE agency for guidance.

Yes. Contact your local CSE agency for guidance.

CSE has various tools that may be used to locate noncustodial parents. Providing information about the other parent, such as the person’s date of birth, social security number, or last known address, can assist the agency in locating the person.

The other party must be “served” with a copy of the complaint. You may have the other party served by a sheriff’s deputy or through certified mail. The other party has 30 days to file an answer.

You have 30 days after receiving a complaint to file an answer with the court. You may hire an attorney to assist you or represent yourself.

Many cases will typically be scheduled for the same day. The judge or the CSE attorney will typically begin court by calling the names of everyone expected to be in court that day, and address each case one at a time.

• If you are the person entitled to receive child support, you should bring any documentation related to expenses paid on behalf of your child.  For example, you should bring day care receipts or medical bills for the children. You should also bring proof of your income.  If you have other children in the home, you should bring documentation to show that the other children live with you.
• If you are the person who will be paying child support, you should bring proof of your income. You also should bring documentation of any payments you have made to the other person or expenses you have paid for the children. For example, you should bring proof of payment of rent, cell phone or car payments for the custodial parent or proof that you have provided groceries, clothing, diapers, etc., for the children.

If you are the party seeking child support, you may contact your local CSE to provide representation for you, or you may hire a private attorney. If you are the party obligated to pay child support, you may hire a private attorney to represent you or represent yourself. Court officials, such as judges and clerks of court, cannot give you legal advice about your rights and obligations, possible claims or defenses, or the likely outcome of your case.

The first payment is typically due on the first of the month after the judge signs an order for child support.

There are several possibilities if your case goes through CSE.

• In many cases, the judge will set up automatic deductions from your paycheck. If the money is not deducted, you are responsible for making the payments.
• You can make payments online using a credit or debit card or by setting up automatic bank drafts. Visit the ePayments site here to register for an account, or here for more information about online payments and statements.
• You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here.

If your case was not filed by CSE, a judge will instruct you on how to pay.

Family law judges hear domestic and child welfare matters and receive specialized training to increase their expertise. North Carolina district courts consolidate and assign a family's legal issues before a single district court judge or team of judges. This allows judges to become familiar with and better address each family's issues, and keeps families from having to recount their history for multiple judges at each hearing. Parent education programs also may be available. Learn more.

North Carolina’s Child Support Guidelines (find previous guidelines) set the amount of child support that should be paid depending on each family’s financial circumstances. Judges must order the amount of child support set out in the Guidelines unless applying the Guidelines would not meet or would exceed the reasonable needs of the child, or would otherwise be unjust or inappropriate.

There are online calculators that allow you to estimate the monthly child support in your case.

• Calculator if one parent has primary custody
• Calculator if the parents have joint custody
• Calculator if the parents have split custody

Having other children in your home or paying child support for other children not living with you are factors in calculating child support.

The Child Support Guidelines require a minimum child support order of $50 per month.

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file a Motion for Order to Show Cause, requesting the court to hold the other party in contempt.

A judge has a number of enforcement options available to address a parent’s failure to pay child support as ordered. Depending upon the circumstances, a parent who fails to pay support as ordered may have wages withheld or be required to serve time in jail.

Child support orders can be modified after three years, or if there has been a “substantial change in circumstances.” A difference of 15% or more of the child support paid under an existing order and the amount of child support resulting from the application of the guidelines based on the parents’ current income and circumstances is presumed to be a substantial change in circumstance.

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

If you lose your job, you may file a Motion to Modify. A judge will determine how your unemployment impacts the current order of support.

If you have a child support order and then discover that you are not the biological father of the child, you can file a Motion for Relief within one year of discovering that you are not the father.

In general, parents are not obligated to financially support a child once the child reaches the age of 18. Parents are required to support a child until the child turns 20 if the child has not yet graduated and remains in high school. In that case, child support will continue until the child graduates, stops attending school regularly, fails to make satisfactory academic progress, or reaches age 20, whichever happens first. Parents can also be required to support a child enrolled in a cooperative innovative high school (CIHS) program until the child reaches age 18 or completes four years in the program, whichever occurs later. You can see a list of CIHS programs here.

Parents can agree in a separation agreement or consent order, for instance, to support a child through college or to continue supporting a disabled child. Any valid agreement between the parents is binding.

If your child qualifies for support after age 18, you are not required to return to court to continue receiving child support.

In general, no. If you have a CSE case, you should not have to go to court when your child reaches age 18 and has graduated from high school.  If you do not have a CSE case and your child has reached the age of 18 and graduated from high school, you can file a Motion to Modify to terminate support.

Yes, if the child marries, joins the U.S. military, or is granted emancipation by a court before reaching the age of 18.

Yes. If arrears are owed after the child reaches the age of 18 and has graduated from high school, child support payments continue in the same amount until all arrears are paid.

When someone dies, some or all of the deceased person’s property may transfer directly to others because of legal arrangements made by the deceased person before death.  However, in many situations, a representative for the deceased person must be appointed by court to collect the deceased person’s assets, pay the deceased person’s valid debts, and distribute the deceased person’s property to the proper persons.

A “decedent” is a person who has died.  An “estate” is all of the money and other property owned by a person at death. Estates may be small or large and may or may not include land.

A “will” (also known as a “last will and testament”) is an instrument created during a person’s life that determines who inherits that person’s property after he or she dies. Wills are most commonly typed documents created by lawyers, but in some circumstances wills may be valid when handwritten (and in rare cases may be made through verbal directions). Some wills are not valid because they lack the legal requirements of a valid will. A will has no legal effect until it is probated by a court (usually the clerk of superior court).

The term “probate” has two primary meanings. Probate is another word for estate administration, which is sometimes called “the probate process.” Probate or probating the will also refers to the process by which a court determines that a “purported” will is actually the final will and testament of the decedent and is legally valid to pass title to property.

Estate administration is a process for handling a person’s assets and debts after that person’s death.  Some estates are administered by “full administration.”  Many small estates may be administered through simpler processes.  Unless the decedent set up complete alternatives to court-supervised estate administration prior to death, estate administration is handled through the courts, primarily in the office of the appropriate clerk of superior court.  In full administration, the clerk of superior court gives authority to a personal representative of the decedent who inventories the decedent’s assets, gives public notice to the decedent’s creditors, pays the valid debts of the decedent, and distributes the decedent’s remaining property to the person(s) who were named as beneficiaries in the decedent’s will, if there is one, or to the person(s) entitled by law if there is no will.

Assets including vehicles, bank accounts, stocks and bonds, furniture, and jewelry are typically, but not always, handled through the estate administration process. Assets that are handled through the estate administration process are called “probate assets.” “Non-probate assets” that may pass outside the process, may include:

• Property that is held with a “right of survivorship,” meaning that it becomes the property of the last owner living, or property that has a named beneficiary who is living. Such property may include life insurance policies, retirement accounts, joint bank accounts, and annuities.
• Land and houses generally are not administered through the probate estate unless the will provides otherwise or the sale of these assets is needed to pay estate debts.

The law of intestacy provides the rules for distributing property belonging to people who die without a valid will. Most people who write a will leave their property to their immediate family, so intestacy law generally distributes property in the same way. When a person dies without a will, the property may be divided between the surviving spouse and children (or spouse and parents if there are no children) depending on the value and type of property. If the person has children, grandchildren, great-grandchildren, etc., but no spouse, the property is divided among the children or descendants of deceased children. If the decedent has none of these relatives, assets generally are distributed to family members in the following order of priority: 1) parents; 2) siblings and the children, grandchildren, etc., of deceased siblings; 3) grandparents; 4) aunts and uncles and, if deceased, their descendants.

A trust is a legal relationship by which one person or entity holds title to property for the benefit of another person or entity. In most trust relationships, the terms of the trust are set out in a written document called a trust instrument. Trusts are set up for many purposes. Except for testamentary trusts, most trust instruments are not filed with a court. Testamentary trusts are trusts written into wills. Testamentary trusts often provide for property management of a child’s inheritance until the child reaches a certain age and sometimes also provide for children or adults with disabilities who may lose government need-based benefits if they own property in excess of certain amounts.

Executors, administrators, personal representatives, and trustees are all titles of “fiduciaries”. A fiduciary is someone in a position of trust and authority to manage property for the benefit of another. “Executors” are the fiduciaries appointed under a will and given authority by the court. “Administrators” are the fiduciaries appointed by the court when a person dies without a will. “Personal Representative” is a term used to refer to both executors and administrators. “Trustees” are the fiduciaries appointed under a trust.

These are the legal terms for persons who receive property from a decedent’s estate or through a trust or through a contract that distributes a decedent’s property at death. Technically, the words mean different things based on the source of the property: “legatees” and “devisees” are people who receive property through a will; “heirs” are people who receive property when there is no will; and “beneficiaries” are people who receive property through a trust or an account or policy where a beneficiary can be specifically named.

No. North Carolina law does not require a formal reading of the will.

After someone has died, the will may be filed with a clerk of court. A decedent’s will becomes a public record when it is filed, after the decedent’s death, with the clerk of court. Any person may view a public record or request a copy of a public record for a fee.

The elected Clerk of Superior Court in each county acts as the probate judge in North Carolina. Elected clerks and their assistant clerks hold most estate hearings and presides over most estate cases. If the validity of a will is challenged in a caveat proceeding, the caveat proceeding will be heard by a Superior Court judge.

Persons who wish to hire an attorney to assist with estate administration often do so at this point. Whether you are preparing to meet with your attorney or to administer the estate on your own, there are certain documents to gather and steps to take.

• Find the Will. Wills are often kept in safe places, such as safes, safe deposit boxes, or locked desk drawers. Wills are sometimes held by the decedent’s attorney. Prior to death, a decedent also may have deposited a will for “safe-keeping” with a clerk of court. Consider contacting the clerk of court in counties where the decedent formerly lived if no will has been found.
• Death Certificate. Formal proof of death is required at various steps in the probate process, and the standard proof is a certified death certificate.
• Locate and Identify Assets. To the extent possible, a person desiring to administer a decedent’s estate should take steps to locate and identify the decedent’s assets. Keep in mind, however, that a letter of authority from a clerk of court is often required to access information regarding a decedent’s assets.
• Contact the Clerk of Court. When you are ready to administer a decedent’s estate, contact the Clerk of Court in the appropriate North Carolina county.

The estate of a North Carolina resident may be administered in the county where he or she was domiciled at the time of death. If a decedent was not domiciled in North Carolina at the time of death, the estate may be administered in any North Carolina county in which the decedent left any property or assets or into which any property or assets belonging to the estate may have come. If a nonresident motorist died in any North Carolina county, the estate may be administered in any North Carolina county.

Letters testamentary and letters of administration are legal documents issued by the clerk of court that give a person authority to serve as the personal representative of the estate. These “letters” will often be requested by institutions such as banks or insurance companies during estate administration. There are generally two basic types of letters, based on whether the estate is testate (with a will) or intestate (without a will). Testate letters are called “Letters Testamentary” and are granted to an Executor. Intestate letters are called “Letters of Administration” and are granted to an Administrator.

To formally begin the estate administration process, you will need to visit the clerk of court in the appropriate county. Some clerks of court allow walk-ins, while others require an appointment. You should bring: (1) the will if there was one, (2) a certified death certificate, (3) an application and preliminary inventory of the decedent’s property; and (4) a $120 filing fee. Forms needed may be obtained from the clerk of court’s office or on this website. Filling out the preliminary inventory and application for letters will require a general knowledge of the decedent’s property and the ability to identify the heirs or devisees of the decedent.

Some persons by law are not qualified to serve as a personal representative of a decedent’s estate.  In addition, the law gives some persons priority rights to serve as a personal representative. If there is a valid will, an executor named in the will has the highest priority to receive letters. If the executor does not qualify, then a substitute or successor executor named in the will has the next highest priority. If the will does not name a substitute or successor executor or if the decedent did not leave a valid will, then those who may be granted letters are, in the following order of priority: (1) the surviving spouse, (2) anyone receiving property under the will, (3) anyone who would receive property if there was no will, (4) any next of kin, (5) creditors of the decedent, (6) anyone of good character living in the county.

Out-of-state executors generally must pay a bond to the court to protect creditors and heirs from potential losses. Administrators must pay a bond unless exceptions apply.

A summary of the procedures for executors, administrators, collectors by affidavit, and persons using summary administration is found here.

Yes. An estate may be reopened under certain circumstances, including the existence of newly discovered property.

No. Smaller estates may be administered by use of an Affidavit for Collection of Personal Property of Decedent. The collection by affidavit process is summarized here.  There is also a streamlined process for estates where the spouse will receive all the property, or where the estate only includes enough money to cover funeral and burial costs. There may be other small estate options available depending on the circumstances of each estate.

You may able to use the collection by affidavit process.  You may also pursue summary administration, which is a procedure that streamlines the estate administration process when the surviving spouse is the sole heir or devisee. This option is available whether or not the decedent had a will. You can find the necessary form for summary administration of estates with a will here and estates without a will here.