1. Myth: “I have the children part of the time, so I do not have to pay support during my parenting time.”
Fact: A parent must follow the payment terms of the existing support order unless and until it is changed. North Carolina support is ordinarily ordered as a monthly obligation. The Guidelines account for qualifying shared-custody arrangements when support is calculated, but they do not create a self-help right to skip payments during particular weeks or months.
2. Myth: “A true 50/50 schedule means nobody pays child support.”
Fact: Not necessarily. North Carolina’s Guidelines include a method for joint or shared custody. The result still depends on the parents’ incomes, qualifying overnights, work-related child-care costs, health-insurance costs, and other applicable inputs. A shared schedule can change the calculation; it does not automatically eliminate support.
3. Myth: “Disability benefits never count as income for child support.”
Fact: Disability-related benefits may be relevant to the support calculation. Whether and how a particular payment is treated depends on the type of benefit, who receives it, whether a dependent benefit is paid for the child, and the current Guidelines. Do not omit disability income or benefits from financial disclosures simply because they are not wages.
4. Myth: “If the other parent will not let me see the child, I can stop paying support.”
Fact: No. Parenting time and child support are separate obligations. An order for support remains enforceable unless modified or vacated by the court, and the court has separate mechanisms to address custody or visitation violations. A parent should seek enforcement or modification rather than withholding ordered support.
5. Myth: “If the other parent does not pay support, I can keep the child from them.”
Fact: No. Nonpayment does not authorize a parent to unilaterally change or deny court-ordered custody or visitation. The appropriate remedy is to seek enforcement of the support order; the court may use remedies including income-related enforcement and contempt proceedings.
6. Myth: “If we agree verbally to change custody or support, the court order no longer matters.”
Fact: Informal arrangements can create serious proof and enforcement problems. A court order remains in place unless the court modifies or vacates it. For child support, accrued payments generally vest when due and ordinarily cannot later be reduced retroactively; prompt written action and a filed motion matter.
7. Myth: “Child support automatically stops the day the child turns 18.”
Fact: Usually support ends at age 18, but an important exception applies when the child is still regularly attending primary or secondary school and making satisfactory progress. In that circumstance, support can continue until graduation, the child stops regularly attending or making satisfactory progress, or age 20—whichever occurs first—unless the court orders otherwise. Arrears do not disappear merely because the current support obligation ends.
Practical Takeaways
- Follow the current order unless it is changed by the court.
- Keep records of payments, child-care expenses, health-insurance costs, overnights, and communications about schedule changes.
- Act promptly when income, benefits, work, housing, or the parenting schedule materially changes.
- Do not use self-help. withholding support or denying parenting time can create additional legal exposure.
