Child support plays a crucial role in family law, ensuring children receive the financial support they need, especially in parental separation or divorce cases. In North Carolina, determining child support can be complex, especially when addressing retroactive child support, which aims to compensate a custodial parent for expenses incurred on behalf of a child before a child support claim is filed.
Over the last 30 or so years, North Carolina’s approach to calculating retroactive child support has evolved, resulting in some confusion. This article will explore the historical context, legal considerations, and the current prescribed method for calculating retroactive child support in North Carolina.
Prospective Child Support Simplified
Generally, child support covers the child’s future needs, starting from when the parent files for support. But what about support for the period before filing?
Retroactive Support Clarified
Retroactive support refers to child support ordered for the period before a support claim is filed. It aims to reimburse the custodial parent for expenses they covered on behalf of the child. However, retroactive support doesn’t include expenses incurred before the child’s birth, except for specific medical costs.
A Brief History of Retroactive Child Support in NC
The history of retroactive child support in North Carolina has seen changes in guidelines and interpretations. Initially, in 1976, the North Carolina Supreme Court allowed parents to be reimbursed for child support expenses going back three years before filing for support. Child support guidelines didn’t exist back then, and calculations depended on factors like parents’ financial situations and the child’s needs.
In 1990, the North Carolina legislature assigned the task of creating uniform state guidelines for child support to the Conference of Chief District Judges. However, these guidelines did not initially address retroactive support, leading to inconsistencies in its determination. In 2006, the guidelines offered two options for calculating retroactive support, creating confusion between the Court of Appeals and the Conference of Chief District Judges:
1) basing retroactive support on the Guidelines amount or
2) basing it on the actual expense paid by the custodial parent.
In 2009, it was ruled that the Conference had no authority to change existing case law, affirming that retroactive support should be based on actual expenditures. However, in 2011, the guidelines once again offered two methods for determining retroactive support.
The North Carolina legislature granted the Conference of Chief District Judges authority over retroactive child support in the 2015 guidelines. Here, you can see the latest version of these guidelines, updated January 1, 2023.
The Current Prescribed Method Explained
The current guidelines provide two options for calculating retroactive child support: one is based on the guidelines, and the other is based on actual expenditures made by the custodial parent. This means that the court can consider evidence related to:
- income,
- healthcare,
- child care,
- housing,
- food,
- clothing,
- and other necessary expenses for the children.
Contracts or Orders for Support in Effect
If there’s already an agreement for support when you ask for it, usually, the court can’t provide retroactive support for that time, except in emergencies. This rule also applies when changing an existing support order. The new support amount can start from when you requested the change or later, but retroactive modifications are generally not allowed.
Final thoughts
Understanding retroactive child support in North Carolina has seen changes and challenges. The current approach allows for flexibility, with two options for calculating retroactive support, either based on the guidelines or actual expenses. This approach ensures that the child’s needs are met while considering the financial situations of both parents. It’s important for parents navigating North Carolina’s family court system to grasp the complexities of retroactive child support.
Carolyn Bellof
Carolyn Bellof is a Certified Family Law Specialist in North Carolina. She brings empathy and a personal understanding of loss and resilience to her clients, ensuring their legal needs are protected during emotionally challenging family law proceedings.
Ready to take control of your child support situation in North Carolina? Reach out to a knowledgeable family law professional now to confidently navigate retroactive child support.
FAQs about Retroactive Child Support
1. What is retroactive child support, and when does it apply in North Carolina?
Retroactive child support in North Carolina is financial support owed for expenses incurred on behalf of a child before a child support claim is filed. It’s intended to reimburse the custodial parent for these pre-claim expenses. It typically covers a period of up to three years before the support claim is initiated.
2. How is retroactive child support calculated in North Carolina?
Calculating retroactive child support in North Carolina can be done using one of two methods: based on the state’s child support guidelines or by examining the actual expenses paid by the custodial parent for the child’s care. The court can consider factors like income, healthcare costs, childcare expenses, housing, food, clothing, and other essential child-related expenses.
3. What is the statute of limitations for seeking retroactive child support in North Carolina?
In North Carolina, retroactive child support claims are subject to a three-year statute of limitation. This means that a parent can seek reimbursement for expenses incurred in the three years leading up to the filing of the support claim.
4. Can retroactive child support include expenses incurred before a child’s birth?
Generally, retroactive child support does not include expenses incurred before the child’s birth. However, certain authorized medical expenses related to pregnancy and childbirth may be considered as part of retroactive support.
5. Can the court retroactively modify an existing child support order in North Carolina?
No, retroactive modifications to child support orders are generally not allowed in North Carolina. The new support amount can start from when the request for modification is filed or from a later date. This is due to statutory limitations aimed at preventing changes to vested arrears.
