North Carolina Divorce Laws: Residency, Waiting Period, Custody and Support
North Carolina divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for North Carolina
- Residency requirement
- Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed. N.C. Gen. Stat. §§ 50-6, 50-8
- Waiting period
- Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; N.C. Gen. Stat. §§ 50-6, 50-8
- Dividing property
- North Carolina uses equitable distribution. Marital property (acquired by either spouse during the marriage and before separation, including pensions and retirement benefits) and divisible property are divided equally unless the court finds an equal division is not equitable. N.C. Gen. Stat. § 50-20
- Filing fee
- Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). N.C. Gen. Stat. § 7A-305(a), (a2), (c)
- When child support ends
- Child support ends when the child turns 18, or earlier if the child is otherwise emancipated. If the child is still in primary or secondary school at 18, support continues until the child graduates, stops attending school regularly, fails to make satisfactory academic progress toward… N.C. Gen. Stat. § 50-13.4(c)
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed. Source: N.C. Gen. Stat. §§ 50-6, 50-8 |
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| Grounds for divorce | North Carolina grants absolute divorce on a no-fault basis when the spouses have lived separate and apart for one year (isolated incidents of sexual intercourse do not restart the period). Divorce is also available after three consecutive years of separation due to one spouse's incurable insanity. Fault grounds such as abandonment or cruel treatment apply to divorce from bed and board, not absolute divorce. |
| Waiting period | Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; the statute does not require that the grounds have existed for an additional six months before filing in a one-year separation case. Source: N.C. Gen. Stat. §§ 50-6, 50-8 |
| Filing fee | Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). The clerk collects these as advance costs except in suits by an indigent person. |
Property and alimony
| Dividing property | North Carolina uses equitable distribution. Marital property (acquired by either spouse during the marriage and before separation, including pensions and retirement benefits) and divisible property are divided equally unless the court finds an equal division is not equitable. Separate property includes property acquired before marriage and property received by inheritance or gift during the marriage (gifts from the other spouse are separate only if that intent is stated in writing). Source: N.C. Gen. Stat. § 50-20 |
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| Alimony (spousal support) | The court awards alimony to a dependent spouse if the other is a supporting spouse and an award is equitable. A dependent spouse who committed illicit sexual behavior during the marriage (before or on the separation date) is barred from alimony, and if the supporting spouse did so, alimony must be ordered (if both did, it is discretionary). Amount and duration are discretionary and may be for a set or indefinite term; factors include marital misconduct, earnings and earning capacity, age and health, length of the marriage, contributions to the other's education, child custody responsibilities, standard of living, assets and debts, homemaker contributions, needs, and tax effects. Source: N.C. Gen. Stat. § 50-16.3A |
Children: custody and support
| Child custody | Custody is awarded to whoever will best promote the child's interest and welfare. The court must consider all relevant factors, including domestic violence and the safety of the child and parties, and make written findings. Between parents, no presumption applies as to who will better promote the child's welfare, and joint custody must be considered if either parent asks for it. The statute does not set an age for considering the child's preference. Source: N.C. Gen. Stat. § 50-13.2(a) |
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| Emergency and temporary custody | Once a court has jurisdiction over the child, it may enter temporary custody and support orders while waiting for the other party to be served. But a temporary order that changes the child's living arrangements or custody may be entered ex parte (before the other parent is served or notified) only if the court finds the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk the child may be abducted or removed from North Carolina to evade the state's courts. If law enforcement must take physical custody of the child, the order must be accompanied by a warrant. |
| Parenting class or mediation | Where a custody mediation program exists, contested custody or visitation issues must be set for mediation before or along with the hearing, unless the court waives it for good cause (such as undue hardship, allegations of abuse, neglect, substance abuse or domestic violence, or living more than 50 miles from court). Alimony, child support and other money issues are not referred to this mediation. |
| Grandparents' rights | A custody order may give visitation rights to any grandparent as the court deems appropriate. After custody has been decided, grandparents may seek custody or visitation by motion upon a showing of changed circumstances. Grandparent includes a biological grandparent of a child adopted by a stepparent or a relative with a substantial relationship, but not biological grandparents of a child adopted by unrelated adoptive parents after both parents' rights were terminated. |
Child support
| Child support | Child support is set using uniform statewide presumptive guidelines, so that payments meet the child's reasonable needs for health, education and maintenance with regard to the parents' earnings and circumstances. |
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| How to apply for child support | You can apply for services from NC Child Support Services (CSS) online at ncchildsupport.ncdhhs.gov, by downloading the application from the NC DHHS website, or at a local CSS office; completed applications go to the local child support office in your county with copies of any paternity, support or divorce orders. Applicants not on public assistance must pay a nonrefundable $25 application fee before services begin, which may be reduced for applicants who are indigent or receive government assistance. People who never received public assistance may also be charged a $35 annual fee. Customer service: 1-800-992-9457. Online portal: https://ncchildsupport.ncdhhs.gov/ |
| When child support ends | Child support ends when the child turns 18, or earlier if the child is otherwise emancipated. If the child is still in primary or secondary school at 18, support continues until the child graduates, stops attending school regularly, fails to make satisfactory academic progress toward graduation, or turns 20, whichever comes first, unless the court orders it to stop at 18 or before graduation. For a child in a cooperative innovative high school program, support ends after the fourth year of enrollment or at 18, whichever is later. If arrears or fees are owed when support ends, payments continue in the same total amount until they are paid off. Source: N.C. Gen. Stat. § 50-13.4(c) |
| Changing a child support order | A child support order may be modified at any time on a motion in the cause and a showing of changed circumstances. CSS automatically reviews orders every three years for families receiving public assistance; other orders it enforces can be reviewed every 36 months at either parent's request, or at any time if there has been a substantial change in circumstances affecting the child. CSS then may seek a modification. If a case does not meet CSS review standards, a parent may still petition the court for a hearing. |
| If child support isn't paid | Income withholding is the main collection method. Other CSS remedies include monthly billing for parents not on withholding, court action against parents who have not paid, credit bureau reporting of all CSS-handled obligations, interception of state tax refunds (past-due support of at least $50) and federal tax refunds (at least $500 in non-public-assistance cases, $150 in public assistance cases), interception of state lottery winnings, passport denial or revocation (arrears of $2,500 or more, released once paid in full), liens on real or personal property, levies on bank and other financial accounts, and revocation of professional, driver's, and hunting and fishing licenses. |
| State child support agency | North Carolina's child support agency is NC Child Support Services (CSS), part of the NC Department of Health and Human Services. CSS locates noncustodial parents, establishes paternity, sets up and enforces support orders, and collects and distributes payments. Apply at a local CSS office, online, or with a downloadable application; services for families not receiving public assistance carry a non-refundable $25 application fee (a reduced $10 fee may apply). Payments can be made by income withholding, by automatic bank draft set up through the eChild Support website, or by check or money order mailed to NC Child Support Centralized Collections, PO Box 900006, Raleigh, NC 27675-9006, payable to "North Carolina Child Support" with your payment coupon and MPI number; payments cannot be made in person. eChild Support portal: https://ncchildsupport.ncdhhs.gov/ecoa/index.jsp |
| Official child support calculator | The NC Department of Health and Human Services' Child Support Services site provides online North Carolina Child Support Guidelines calculators based on the court's worksheets: Worksheet A (one parent has primary custody), Worksheet B (joint custody) and Worksheet C (split custody). The calculator says it provides an estimate, not a guaranteed amount of what you may receive or pay, and the actual amount set or approved by the court may differ. The NC Judicial Branch says judges must order the guideline amount unless it would not meet or would exceed the child's reasonable needs or would otherwise be unjust or inappropriate, and the guidelines require a minimum order of $50 per month. Court help page: https://www.nccourts.gov/help-topics/family-and-children/child-support |
Separation, annulment, records and marriage
| Legal separation | North Carolina offers divorce from bed and board (a court-ordered legal separation) to an injured spouse if the other spouse abandons the family, maliciously turns the other out of the home, endangers the other's life by cruel or barbarous treatment, offers indignities that make life intolerable, or becomes an excessive user of alcohol or drugs, among other listed grounds. Source: N.C. Gen. Stat. § 50-7 |
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| Annulment | Marriages are void between people more closely related than first cousins (or double first cousins), where either person is under the statutory age, where either already has a living spouse, where either is physically impotent, or where either lacks the will or understanding to consent. A marriage entered on the belief that the woman is pregnant may be voidable if the spouses separate within 45 days and stay separated for a year, unless a child is born within 10 lunar months of separation. Source: N.C. Gen. Stat. § 51-3 |
| Common-law marriage | A valid marriage is created by consent expressed in the presence of an authorized officiant (such as an ordained minister or magistrate) with a declaration that the couple is married, or by another recognized mode of solemnization. A common-law marriage cannot be formed in North Carolina. Source: N.C. Gen. Stat. § 51-1 |
| Changing your name after divorce | After an absolute divorce, a person may change their name by filing an application with the clerk of court in the county where they live or where the divorce was granted. A woman may resume her maiden name, the surname of a deceased prior husband, or the surname of a living prior husband if she has children with that surname; a man may resume his premarriage surname. Source: N.C. Gen. Stat. § 50-12 |
| Divorce records | NC Vital Records has divorce certificates from 1958 to the present; they can also be obtained from the Clerk of Court in the county where the divorce was filed. A certificate shows the names of the two people, who was plaintiff and defendant, the dates of marriage and separation, and other basic information. NC Vital Records charges a $24 nonrefundable search fee per three-year period (including one copy if found), plus processing and shipping fees. Vital records are not free public records. For full case documents, contact the county Clerk of Court. |
Marriage and name changes
| Getting a marriage license | A county register of deeds issues the license to two people who can answer questions about age, marital status and intent to marry and who the register determines are eligible to marry. The register may require certified birth certificates or other evidence and may put applicants under oath. Each applicant must give a Social Security number, or a sworn statement that he or she does not have one and is ineligible. The license authorizes the marriage at any place in North Carolina within 60 days of issuance. The register of deeds' fee for issuing a license is $60. The sections reviewed do not set a waiting period. |
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| Minimum marriage age | Unmarried people 18 or older may marry. A person over 16 and under 18 may marry only someone no more than four years older, and only after filing with the register of deeds either written consent from a parent with full or joint legal custody (or a person or agency with legal custody or guardianship) or a certified district court order authorizing the marriage; an emancipated minor may file the emancipation decree instead of consent. A court may authorize the marriage only if the minor can assume the responsibilities of marriage and it serves the minor's best interest; pregnancy alone is not enough, and opposition by all living parents creates a presumption against it. Marriage under 16 is unlawful. Source: N.C. Gen. Stat. §§ 51-2, 51-2.1 |
| Legal name change | A person who wants to change his or her name for good cause applies to the clerk of superior court in the county where he or she lives. The application lists the current name, county and date of birth, parents' names and the new name, and includes the results of a state and national criminal history check done within 90 days, plus a sworn statement of county residence and domicile and whether the applicant owes taxes or child support. The clerk orders the change if there are good and sufficient reasons and the requirements are met. Records are kept confidential for address confidentiality program participants and victims of domestic violence, sexual offenses or stalking. G.S. 101-2(b) was repealed effective December 1, 2025 for applications filed on or after that date. Source: N.C. Gen. Stat. §§ 101-2, 101-5 |
Adoption, guardianship and paternity
| Adoption requirements | Any adult may adopt another individual, but spouses may not adopt each other. Before a minor is placed, a written preplacement assessment completed or updated within the prior 18 months must find the prospective parent suitable, except in independent adoptions by certain close relatives (grandparents, siblings, first cousins, aunts, uncles, great-aunts, great-uncles, great-grandparents). Consent is required from a minor 12 or older and, in a direct placement, from the mother, any man who meets the statute's tests for a legal or acknowledged father (such as marriage to the mother, legitimation, or acknowledgment plus support), and any guardian, unless consent is excused under the statute. |
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| Stepparent adoption | A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived primarily with the spouse and stepparent for the six months before filing (other routes apply if the spouse has died or is incompetent, or the court permits for cause). Consent is required from the child if 12 or older, from the child's parents as defined for adoption consent, and from any guardian, unless consent is excused under the statute. Whether a preplacement assessment or court report is required for stepparent adoptions was not confirmed in the sections reviewed. |
| Guardianship of a child | The clerk of superior court appoints guardians for minors. A guardian of the person, or general guardian, may be appointed only for a minor who has no natural guardian; a guardian of the estate may be appointed for any minor. Guardians must be adults (they need not live in North Carolina). The clerk gives substantial weight to a parent's testamentary recommendation, but it cannot override the rights of a surviving parent who has not willfully abandoned the child, and every appointment must be based on the minor's best interest. |
| Guardianship of an adult | Adult guardianship begins with an incompetency proceeding before the clerk of superior court. At the hearing, both sides may present evidence and cross-examine witnesses, and the hearing is public unless the respondent asks otherwise. If the clerk or a jury finds by clear, cogent and convincing evidence that the respondent is incompetent, the clerk enters an adjudication order and then appoints a guardian; otherwise the case is dismissed. The clerk may appoint an interim guardian when in the respondent's best interest. |
| Establishing paternity | Written affidavits of parentage signed by the putative father and the mother are an admission of paternity with the same legal effect as a judgment of paternity for child support. Either signer may rescind within the earlier of 60 days after signing or entry of an order establishing paternity or child support, by asking the district court to order rescission, with the request filed with the clerk of court within 60 days of signing and all parties served. After 60 days, a court may set aside an affidavit only if it resulted from fraud, duress, mutual mistake or excusable neglect and genetic tests show the man is not the biological father. Source: N.C. Gen. Stat. § 110-132 |
| Emancipation of a minor | A juvenile 16 or older who has lived in the same North Carolina county for the six months before filing may petition the court in that county for emancipation. The verified petition includes the birth certificate, the parents' or guardian's name and address, the reasons for emancipation, and a plan for meeting living expenses; the parents or guardian are served and have 30 days to answer. A final decree gives the juvenile the right to make contracts and conveyances, sue and be sued, and transact business as an adult, ends the parents' legal duties and rights, and is irrevocable. A married juvenile is also emancipated, and the statute replaces other common-law emancipation rules. |
Divorce & Family Law FAQ
How long do you have to live in North Carolina to file for divorce?
Either spouse must have been a North Carolina resident for at least six months before the divorce complaint is filed.
Is North Carolina a no-fault divorce state?
North Carolina grants absolute divorce on a no-fault basis when the spouses have lived separate and apart for one year (isolated incidents of sexual intercourse do not restart the period). Divorce is also available after three consecutive years of separation due to one spouse's incurable insanity. Fault grounds such as abandonment or cruel treatment apply to divorce from bed and board, not absolute divorce.
Is there a waiting period for divorce in North Carolina?
Spouses must have lived separate and apart for one year before an absolute divorce can be granted on the separation ground; the statute does not require that the grounds have existed for an additional six months before filing in a one-year separation case.
How much does it cost to file for divorce in North Carolina?
Statutory court costs for a district court civil case include a $16 facilities fee, a $4 court technology fee and a $130 General Court of Justice fee, plus a $75 fee in every action for absolute divorce (a total of $225 from these items). The clerk collects these as advance costs except in suits by an indigent person.
Is North Carolina a community property state?
North Carolina uses equitable distribution. Marital property (acquired by either spouse during the marriage and before separation, including pensions and retirement benefits) and divisible property are divided equally unless the court finds an equal division is not equitable. Separate property includes property acquired before marriage and property received by inheritance or gift during the marriage (gifts from the other spouse are separate only if that intent is stated in writing).
How is alimony decided in North Carolina?
The court awards alimony to a dependent spouse if the other is a supporting spouse and an award is equitable. A dependent spouse who committed illicit sexual behavior during the marriage (before or on the separation date) is barred from alimony, and if the supporting spouse did so, alimony must be ordered (if both did, it is discretionary). Amount and duration are discretionary and may be for a set or indefinite term; factors include marital misconduct, earnings and earning capacity, age and health, length of the marriage, contributions to the other's education, child custody responsibilities, standard of living, assets and debts, homemaker contributions, needs, and tax effects.
How is child custody decided in North Carolina?
Custody is awarded to whoever will best promote the child's interest and welfare. The court must consider all relevant factors, including domestic violence and the safety of the child and parties, and make written findings. Between parents, no presumption applies as to who will better promote the child's welfare, and joint custody must be considered if either parent asks for it.
How is child support calculated in North Carolina?
Child support is set using uniform statewide presumptive guidelines, so that payments meet the child's reasonable needs for health, education and maintenance with regard to the parents' earnings and circumstances.
Do you have to take a parenting class to divorce in North Carolina?
Where a custody mediation program exists, contested custody or visitation issues must be set for mediation before or along with the hearing, unless the court waives it for good cause (such as undue hardship, allegations of abuse, neglect, substance abuse or domestic violence, or living more than 50 miles from court). Alimony, child support and other money issues are not referred to this mediation.
Can you get a legal separation in North Carolina?
North Carolina offers divorce from bed and board (a court-ordered legal separation) to an injured spouse if the other spouse abandons the family, maliciously turns the other out of the home, endangers the other's life by cruel or barbarous treatment, offers indignities that make life intolerable, or becomes an excessive user of alcohol or drugs, among other listed grounds.
What are the grounds for annulment in North Carolina?
Marriages are void between people more closely related than first cousins (or double first cousins), where either person is under the statutory age, where either already has a living spouse, where either is physically impotent, or where either lacks the will or understanding to consent. A marriage entered on the belief that the woman is pregnant may be voidable if the spouses separate within 45 days and stay separated for a year, unless a child is born within 10 lunar months of separation.
Does North Carolina recognize common-law marriage?
A valid marriage is created by consent expressed in the presence of an authorized officiant (such as an ordained minister or magistrate) with a declaration that the couple is married, or by another recognized mode of solemnization. A common-law marriage cannot be formed in North Carolina.
Do grandparents have visitation rights in North Carolina?
A custody order may give visitation rights to any grandparent as the court deems appropriate. After custody has been decided, grandparents may seek custody or visitation by motion upon a showing of changed circumstances. Grandparent includes a biological grandparent of a child adopted by a stepparent or a relative with a substantial relationship, but not biological grandparents of a child adopted by unrelated adoptive parents after both parents' rights were terminated.
How do you change your name back after a divorce in North Carolina?
After an absolute divorce, a person may change their name by filing an application with the clerk of court in the county where they live or where the divorce was granted. A woman may resume her maiden name, the surname of a deceased prior husband, or the surname of a living prior husband if she has children with that surname; a man may resume his premarriage surname.
At what age does child support end in North Carolina?
Child support ends when the child turns 18, or earlier if the child is otherwise emancipated. If the child is still in primary or secondary school at 18, support continues until the child graduates, stops attending school regularly, fails to make satisfactory academic progress toward graduation, or turns 20, whichever comes first, unless the court orders it to stop at 18 or before graduation. For a child in a cooperative innovative high school program, support ends after the fourth year of enrollment or at 18, whichever is later. If arrears or fees are owed when support ends, payments continue in the same total amount until they are paid off.
How do I file for child support in North Carolina?
You can apply for services from NC Child Support Services (CSS) online at ncchildsupport.ncdhhs.gov, by downloading the application from the NC DHHS website, or at a local CSS office; completed applications go to the local child support office in your county with copies of any paternity, support or divorce orders. Applicants not on public assistance must pay a nonrefundable $25 application fee before services begin, which may be reduced for applicants who are indigent or receive government assistance. People who never received public assistance may also be charged a $35 annual fee. Customer service: 1-800-992-9457.
What happens if you don't pay child support in North Carolina?
Income withholding is the main collection method. Other CSS remedies include monthly billing for parents not on withholding, court action against parents who have not paid, credit bureau reporting of all CSS-handled obligations, interception of state tax refunds (past-due support of at least $50) and federal tax refunds (at least $500 in non-public-assistance cases, $150 in public assistance cases), interception of state lottery winnings, passport denial or revocation (arrears of $2,500 or more, released once paid in full), liens on real or personal property, levies on bank and other financial accounts, and revocation of professional, driver's, and hunting and fishing licenses.
How do you modify child support in North Carolina?
A child support order may be modified at any time on a motion in the cause and a showing of changed circumstances. CSS automatically reviews orders every three years for families receiving public assistance; other orders it enforces can be reviewed every 36 months at either parent's request, or at any time if there has been a substantial change in circumstances affecting the child. CSS then may seek a modification. If a case does not meet CSS review standards, a parent may still petition the court for a hearing.
How do you get emergency custody in North Carolina?
Once a court has jurisdiction over the child, it may enter temporary custody and support orders while waiting for the other party to be served. But a temporary order that changes the child's living arrangements or custody may be entered ex parte (before the other parent is served or notified) only if the court finds the child is exposed to a substantial risk of bodily injury or sexual abuse, or that there is a substantial risk the child may be abducted or removed from North Carolina to evade the state's courts. If law enforcement must take physical custody of the child, the order must be accompanied by a warrant.
Are divorce records public in North Carolina, and how do I get a copy?
NC Vital Records has divorce certificates from 1958 to the present; they can also be obtained from the Clerk of Court in the county where the divorce was filed. A certificate shows the names of the two people, who was plaintiff and defendant, the dates of marriage and separation, and other basic information. NC Vital Records charges a $24 nonrefundable search fee per three-year period (including one copy if found), plus processing and shipping fees. Vital records are not free public records. For full case documents, contact the county Clerk of Court.
How do you get a marriage license in North Carolina?
A county register of deeds issues the license to two people who can answer questions about age, marital status and intent to marry and who the register determines are eligible to marry. The register may require certified birth certificates or other evidence and may put applicants under oath. Each applicant must give a Social Security number, or a sworn statement that he or she does not have one and is ineligible. The license authorizes the marriage at any place in North Carolina within 60 days of issuance. The register of deeds' fee for issuing a license is $60.
What is the legal age to get married in North Carolina?
Unmarried people 18 or older may marry. A person over 16 and under 18 may marry only someone no more than four years older, and only after filing with the register of deeds either written consent from a parent with full or joint legal custody (or a person or agency with legal custody or guardianship) or a certified district court order authorizing the marriage; an emancipated minor may file the emancipation decree instead of consent. A court may authorize the marriage only if the minor can assume the responsibilities of marriage and it serves the minor's best interest; pregnancy alone is not enough, and opposition by all living parents creates a presumption against it. Marriage under 16 is unlawful.
What are the requirements to adopt a child in North Carolina?
Any adult may adopt another individual, but spouses may not adopt each other. Before a minor is placed, a written preplacement assessment completed or updated within the prior 18 months must find the prospective parent suitable, except in independent adoptions by certain close relatives (grandparents, siblings, first cousins, aunts, uncles, great-aunts, great-uncles, great-grandparents). Consent is required from a minor 12 or older and, in a direct placement, from the mother, any man who meets the statute's tests for a legal or acknowledged father (such as marriage to the mother, legitimation, or acknowledgment plus support), and any guardian, unless consent is excused under the statute.
How does stepparent adoption work in North Carolina?
A stepparent may petition to adopt a spouse's minor child if the spouse has legal and physical custody and the child has lived primarily with the spouse and stepparent for the six months before filing (other routes apply if the spouse has died or is incompetent, or the court permits for cause). Consent is required from the child if 12 or older, from the child's parents as defined for adoption consent, and from any guardian, unless consent is excused under the statute.
How do you get guardianship of a child in North Carolina?
The clerk of superior court appoints guardians for minors. A guardian of the person, or general guardian, may be appointed only for a minor who has no natural guardian; a guardian of the estate may be appointed for any minor. Guardians must be adults (they need not live in North Carolina). The clerk gives substantial weight to a parent's testamentary recommendation, but it cannot override the rights of a surviving parent who has not willfully abandoned the child, and every appointment must be based on the minor's best interest.
How do you get guardianship of an adult in North Carolina?
Adult guardianship begins with an incompetency proceeding before the clerk of superior court. At the hearing, both sides may present evidence and cross-examine witnesses, and the hearing is public unless the respondent asks otherwise. If the clerk or a jury finds by clear, cogent and convincing evidence that the respondent is incompetent, the clerk enters an adjudication order and then appoints a guardian; otherwise the case is dismissed. The clerk may appoint an interim guardian when in the respondent's best interest.
How do you establish paternity in North Carolina?
Written affidavits of parentage signed by the putative father and the mother are an admission of paternity with the same legal effect as a judgment of paternity for child support. Either signer may rescind within the earlier of 60 days after signing or entry of an order establishing paternity or child support, by asking the district court to order rescission, with the request filed with the clerk of court within 60 days of signing and all parties served. After 60 days, a court may set aside an affidavit only if it resulted from fraud, duress, mutual mistake or excusable neglect and genetic tests show the man is not the biological father.
How do you legally change your name in North Carolina?
A person who wants to change his or her name for good cause applies to the clerk of superior court in the county where he or she lives. The application lists the current name, county and date of birth, parents' names and the new name, and includes the results of a state and national criminal history check done within 90 days, plus a sworn statement of county residence and domicile and whether the applicant owes taxes or child support. The clerk orders the change if there are good and sufficient reasons and the requirements are met. Records are kept confidential for address confidentiality program participants and victims of domestic violence, sexual offenses or stalking.
How does a minor get emancipated in North Carolina?
A juvenile 16 or older who has lived in the same North Carolina county for the six months before filing may petition the court in that county for emancipation. The verified petition includes the birth certificate, the parents' or guardian's name and address, the reasons for emancipation, and a plan for meeting living expenses; the parents or guardian are served and have 30 days to answer. A final decree gives the juvenile the right to make contracts and conveyances, sue and be sued, and transact business as an adult, ends the parents' legal duties and rights, and is irrevocable. A married juvenile is also emancipated, and the statute replaces other common-law emancipation rules.
Who handles child support in North Carolina, and how do I contact them?
North Carolina's child support agency is NC Child Support Services (CSS), part of the NC Department of Health and Human Services. CSS locates noncustodial parents, establishes paternity, sets up and enforces support orders, and collects and distributes payments. Apply at a local CSS office, online, or with a downloadable application; services for families not receiving public assistance carry a non-refundable $25 application fee (a reduced $10 fee may apply). Payments can be made by income withholding, by automatic bank draft set up through the eChild Support website, or by check or money order mailed to NC Child Support Centralized Collections, PO Box 900006, Raleigh, NC 27675-9006, payable to "North Carolina Child Support" with your payment coupon and MPI number; payments cannot be made in person.
Is there an official child support calculator in North Carolina?
The NC Department of Health and Human Services' Child Support Services site provides online North Carolina Child Support Guidelines calculators based on the court's worksheets: Worksheet A (one parent has primary custody), Worksheet B (joint custody) and Worksheet C (split custody). The calculator says it provides an estimate, not a guaranteed amount of what you may receive or pay, and the actual amount set or approved by the court may differ. The NC Judicial Branch says judges must order the guideline amount unless it would not meet or would exceed the child's reasonable needs or would otherwise be unjust or inappropriate, and the guidelines require a minimum order of $50 per month.
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