If you're a divorced parent in North Carolina, you may wonder whether the amount of child support you're paying or receiving could change after you or your ex marries again. The simple answer is that a judge won't modify child support just because one of the parents has remarried or has more children from a new relationship. But that's not the whole story. Having a new family can lead to changed financial circumstances—and some of those changes might play a role in a judge's decision on a modification request.
Like all other states, North Carolina has guidelines for calculating child support. Although the guidelines are complicated, the amount of support is primarily based on both parents' income and how much time the children spend with each parent.
The law presumes that judges should award the amount of support that's calculated under the guidelines. However, a judge may award a different amount (known as a "deviation") if the evidence shows that the guideline amount:
(N.C. Gen. Stat. § 50-13.4(c) (2024).)
Either parent may request a change in the existing amount of child support, but they'll need to prove that there's been a substantial change in circumstances that affects their child's welfare. (N.C. Gen Stat. § 50-13.7 (2024); Frey v. Best, 659 S.E.2d 60 (N.C. Ct. App. 2008).)
If it's been at least three years since the most recent order was issued, the guidelines presume that there's been a qualifying change in circumstances when there's at least a 15% difference between the existing support amount and the amount calculated under both parents' current income and circumstances. But that's only a presumption. The parent who's opposing a modification can try to prove that there hasn't actually been a qualifying change of circumstances, despite the difference in the calculations.
Once a parent who's seeking a modification has met the changed-circumstances requirement, the judge will then decide what the new support amount should be—based on either the standard calculation (based on both parents' current financial circumstances) or a deviation from the guidelines if that's appropriate.
(Learn more about child support in North Carolina, including what gets counted as income and the rules for modifying existing support orders.
When calculating child support under North Carolina's guidelines, parents are entitled to deduct from their gross income an amount representing their "financial responsibility" for any other children who aren't covered by the support order but are living with them. That financial responsibility applies only to natural or adopted children (not stepchildren), and it's equal to the basic child support obligation under the guidelines based on the parent's income.
However, the guidelines also specifically say that the deduction for supporting other children may not be the only reason for modifying an existing support order. This means that if you're requesting a child support modification, you'll need to convince the judge that other circumstances have changed significantly.
When calculating child support under North Carolina's guidelines, the income of a parent's new spouse (or anyone else who isn't the child's parent) is specifically not included in the parent's income.
However, that doesn't necessarily mean that a new spouse's income is completely irrelevant. In some situations, a judge may find there's been a substantial change in circumstances justifying a modification when a parent's ability to pay support has changed. (Armstrong v. Droessler, 630 S.E.2d 19 (N.C. Ct. App. 2006).)
Here's one example of how that might work. Say the existing child support order doesn't fully meet the child's needs, because the parents both had relatively low incomes. If one of the parents marries someone wealthy who pays for most of the new family's expenses, that parent can now devote more of their own income to supporting the child from the previous marriage. In that situation, the judge may decide that a support modification is warranted.
Also, once the changed-circumstances requirement is met, the judge may decide whether to deviate from the guidelines (as discussed above). When making that decision, the judge will consider all of the relevant circumstances, including the child's needs and both parents' ability to provide support.
Some states allow judges to calculate child support using a parent's potential (or "imputed") income rather than actual income whenever that parent is voluntarily unemployed or underemployed. Under North Carolina's guidelines, however, judges may not impute income for child support unless a parent suppressed their income deliberately or in "bad faith" to avoid or minimize their support obligation.
This means that even if a judge finds that a modification is warranted in your case because of changed circumstances, you won't be able to have a new support calculation based on what your ex could be earning if you can't prove a bad-faith motive behind the voluntary unemployment.
If there's been a substantial change in circumstances in the three years (or more) since your child support order was issued or last modified, you can request a review from North Carolina's Child Support Services (CSS). After the review, the agency will handle the modification request in court if it finds that you qualify (based on a comparison between your existing support order and a new calculation with your current financial circumstances).
However, North Carolina's guidelines make it difficult to qualify for a child support modification based on changed circumstances related to remarriage. Even if you and your ex can agree on a new amount, a judge will have to review your agreement to make sure it meets your child's needs. Without an agreement, you'll almost certainly need a lawyer's help to seek—or oppose—a modification. An experienced family law attorney can evaluate your situation, help you gather the kind of evidence you'll need, and explain how a local judge is likely to rule on the request.