In North Carolina, child support is determined based on guidelines established by the state’s Chief District Court Judges. Every so often, these are reviewed to determine if the guidelines reasonably match the actual cost required to care for a child. The judges utilize independent data on the state of the economy and other information to adjust these figures accordingly. The 2026 session of the Chief District Court Judges’ conference did just that and adjusted the guidelines upward with the trend of inflation, to take effect January 1, 2027.
But what does this mean for you?
Cases will not be automatically reviewed and pulled into court to be reviewed by a judge simply because of the change in law. As a standard, child support cases are reviewed roughly every three (3) years or when there’s a “substantial change in circumstances.” A change of 15% or more in the support obligation serves as an automatic “substantial change.” This has been the case all along and remains the case.
While cases will not be automatically pulled in for review, it does mean parties who file Motions to Modify that are scheduled for hearing after the first of the year are likely to be guaranteed a modification of support. The responsibility rests with the parties to bring it to the court’s attention and ask for the matter to be reviewed.
High-income cases are now defined as cases with $50,000.00 per month or $600,000.00 annually in combined income between the two parents. This is a substantial increase from the previous guideline amount of $40,000.00 per month or $480,000.00 annually. These cases will not utilize the guidelines at all, but rather use a percentage of the cost of care for each child for education, medical, and other reasonable and necessary expenses to determine the fair percentage of each party’s income required for the support of those children.
Individuals with fluctuating income, like commissions and bonuses, may see the biggest impact. Historically, their previous income was averaged over a period of time and used to determine their average gross income, which was then used to determine their monthly obligation. The updated guidelines provide that the court can now better account for one-off payments or irregular income like this by requiring percentage payments in the future. For example, a realtor who works on commission and earns $5,000.00 in January, $2,000.00 in February, and $10,000.00 in March due to fluctuating sales and closings can now be ordered to pay a percentage of each commission check moving forward. Just as their income fluctuates, their child support obligation will fluctuate as well. Instead of a steady $1,000.00 per month, it might be $1,000.00 in January, $400.00 in February, and $2,000.00 in March, which translates to a consistent 20% of their income. It will take some time to see this in actual practice and how courts manage commissions and one-time irregular payments for child support obligors, as well as how this will impact recipients.
On the other hand, low-income cases have also been impacted. Previously, the threshold for a self-support reserve line was $1,256.57 per month. Income meeting or falling below this number guaranteed a $50.00 monthly support order for parents. Effective in 2027, the “poverty” income threshold has now been increased to $1,600.00 per month. However, the minimum support amount has also been adjusted from $50.00 per month to $100.00. This means that, even with the increase of the self-support reserve threshold to $1,600.00 to protect the parent’s living expenses, low-income families are actually going to be required to pay 2% more than previously ordered. Said another way, more families will be covered by the increase in the poverty threshold. However, the percentage of income being paid for support is also increasing—from approximately 4% to approximately 6%.
Child support can be a tricky topic. Skilled attorneys who understand the guidelines, know the worksheets, and understand what is and is not income are necessary to ensure the fairest and most reasonable outcome in support cases. If you have a question about how these changes impact your case, reach out today.