Deviation From Guidelines – NC Child Support

Quick answer: Can a North Carolina judge deviate from the child support guidelines? Yes. A court may set support above or below the guideline amount when applying the guidelines would be unjust or inappropriate. The judge must make written findings that state the presumptive amount, the reasons for deviating, and the final support that meets the child’s needs given the parents’ finances.

When the worksheet result does not fit real life, we file a clean deviation request with evidence and proposed findings that payroll, insurers, and agencies can follow without confusion.

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Your North Carolina Child Support Deviation Lawyer

Krispen Culbertson, North Carolina family lawyer with 20+ years handling guideline calculations, deviations, health insurance and childcare add-ons, and agency-ready orders that match real budgets.

Memberships: North Carolina State Bar; local family law sections. Courts: District Court calendars statewide with regular hearings in Guilford County.

Start by situation

Request an increase for special medical or educational needs

Request a decrease when the worksheet result is unfair

Account for long-distance parenting travel costs

Handle high childcare or uninsured medical expenses

Address high-earner or variable self-employment income

Impute income when a parent is underemployed

Fix shared or split custody edge cases the worksheet misses

Draft deviation findings the agencies will follow

Fast answers

What triggers deviation: applying the guidelines would be unjust or inappropriate given the child’s needs and the parents’ ability to pay.

Required findings: presumptive amount, reasons to deviate, and the final amount that meets the child’s reasonable needs.

Common grounds: special medical needs, private school in the child’s best interest, unusual travel, high add-ons, or extreme income disparity.

What not to do: guesswork. Bring clean documents, numbers, and a proposed order the clerk can implement.

When a deviation makes sense

Deviation fits when the worksheet misses real costs or creates an amount that does not match the child’s needs. We show why the guideline outcome is unjust, then provide a clear alternative that still fits income shares and the child’s reasonable expenses.

High add-ons and extraordinary expenses

Work-related childcare and health insurance are add-ons. Extraordinary medical, therapy, or education costs may justify deviation. We document amounts, frequency, and how they serve the child’s best interests.

Long-distance parenting time

Significant travel for exchanges can support deviation. We present mileage or ticket costs, frequency, and a split that keeps contact feasible.

High earners and variable income

For very high income or volatile self-employment, a guideline result can overshoot or undershoot. We average income, exclude non-recurring items, and tie the final number to the child’s needs.

Imputing income

If a parent is voluntarily underemployed, the court may impute earnings. We provide work history, local wages, and schedules to support fair numbers.

Shared and split custody edge cases

Worksheets B and C assume typical schedules. When the plan is unusual, we explain the time-share and costs, then ask for findings that adjust the result.

Drafting deviation orders that work

State the presumptive guideline amount
List specific reasons to deviate with dollar figures
Set the final support and start date
Include agency-ready language for payroll and insurers

What to bring and your first 72 hours

Documents checklist

Recent pay stubs, last tax return, and any business P&L
Health plan costs (self-only vs family) and who is covered
Childcare invoices and proof of payment
Medical, therapy, or school tuition statements
Travel logs for exchanges (miles, tickets, tolls)
Current custody order or consent schedule

Your first 72 hours with our team

1) Audit
Confirm the correct worksheet and the presumptive amount.

2) Evidence
Assemble add-ons, extraordinary costs, and travel numbers.

3) Calculations
Run guideline and deviation scenarios with clear exhibits.

4) Filing
Motion with proposed findings and an agency-ready order.

5) Hearing
Focused proof and a practical compliance plan.

FAQs

Do I need exact numbers to get a deviation?

Yes. The court needs clean proof of costs and income. Bring statements, invoices, and a simple math sheet that shows the new amount.

Can private school tuition support a deviation?

Sometimes. You must show it is in the child’s best interest and that the parents can pay. We provide a budget and reasons that fit the child’s needs.

Will the court reduce support for travel costs?

Often when travel is significant and necessary for parenting time. We document frequency and actual expenses.

How does deviation interact with add-ons?

We first calculate the child’s insurance portion and work-related childcare. If the result is still unfair, we ask for deviation with written findings.