Rule 6 - CHILD SUPPORT (NOT IV-D)6.1.Child Support Hearings. The time limits for disposition of temporary and permanent child support claims are set forth in Rule 1.7 above. A hearing for temporary child support shall be allotted three (3) hours unless additional time is allowed by the Court pursuant to these Rules. Each party shall be allocated one-half ('A) of the total time allowed for the hearing, which time shall include direct examination, cross examinations, presentation of exhibits, opening statement, and closing argument.
If at the temporary hearing both parties and the presiding Judge agree, the parties may proceed with a hearing for the establishment of a permanent order of child support.
It is the policy of Family Court to determine a claim for temporary child support at the earliest practical time based on the existing circumstances, even though custody mediation has not been completed and the issue of custody has not been determined. The issue of temporary or permanent child support shall be calendared for hearing together with any claim for temporary or permanent child custody that is also at issue, so long as there is sufficient time to hear both claims.
Temporary and permanent child support orders shall be entered within the time limits set forth in Rule 1.7 absent an extension allowed by Order of the Court.
6.2.Initial Mandatory Disclosures for Child Support. Every party to an action for child support, whether it be a temporary, permanent, or modification action has the duty to provide the documents designated by this Rule to the other party and/or their counsel. The parties shall file with the Clerk and serve a Notice and Certification of Initial Mandatory Disclosures (Form #7, See attached Appendix of Forms), and they shall produce their Initial Mandatory Disclosures as required herein to the other party and/or opposing counsel no later than fourteen (14) days prior to a scheduled child support hearing, whether the hearing is scheduled for temporary child support, permanent child support, or a modification of child support. The parties and/or their respective counsel of record may agree in writing (letter, stipulation, text, e-mail, facsimile, consent order) to a different, specific date and time for the mutual exchange and filing of their Initial Mandatory Disclosures in advance of a hearing. When filing their respective Notice and Certification of Initial Mandatory Disclosures (Form #7, See attached Appendix of Forms), the parties shall not file with the Clerk the supporting documents. Parties and counsel shall ensure that all social security numbers are redacted from documents filed with the Clerk, or tendered as exhibits, unless otherwise permitted or required. Only Form #7 shall be filed with the Clerk. The supporting documents accompanying Form #7 shall not be filed and shall only be exchanged between the respective parties and/or respective counsel. The required documents shall be organized in an orderly manner and shall be separated/segregated by subject or item for easy identification and use. The required Initial Mandatory Disclosures are as follows: In all Child Support proceedings, each party shall produce and certify the production of the following to the other party/other attorney of record:
1. Income tax returns for the preceding two (2) years including W-2 and K-l forms, and all schedules and attachments;2. Pay stubs/eaming statements for the preceding twelve (12) months. Single pay stubs showing year-to-date cumulative information shall be sufficient for the months covered by the, stub;3. All other documents related to or showing an "income'' as it is defined in the North Carolina Child Support Guidelines from all sources for the 12-month period immediately preceding the production date. This disclosure includes, but is not limited to income from salaries and wages, commissions, bonuses, dividends, profit sharing, in-kind payments for a party's benefit through ownership or operation of a business, partnership, or corporation (e.g., car allowance, gas allowance, country club payments, etc.) VA disability, social security benefits (not SSI)), workers' compensation benefits, unemployment insurance benefits, employment disability pay and/or insurance benefits, and alimony or maintenance received from persons other than the opposing party to the instant action;4. All documents reflecting current work-related childcare expenses and costs for the Guideline calculation of child support, or for which child support reimbursement is sought;5. All documents reflecting current health care insurance costs and premiums as allocated to or paid for the child or children for whom support is being determined;6. All documents reflecting any extraordinary expenses for the child or children for which reimbursement is sought (private school tuition, camps, music lessons, car insurance, or extra-curricular activities) under the Guidelines or related to any request for departure or deviation from the Guidelines; and,7. All documents regarding any obligation for child support for any other child(ren) not the subject of the current child support action. In cases where a party is self-employed and/or where the North Carolina Child Support Guidelines do not apply due to high incomes, or in a case where a party is seeking a deviation from the guidelines, each party shall disclose and produce the following items:
1. All documents listed above for disclosure in guideline child support cases;2. Individual and business bank statements for the last twenty-four (24) months for any and all individual and business bank accounts including canceled checks, check registers, online statements, and evidence of checks paid;3. Credit card statements for the last twenty-four (24) months for any credit card for which the producing party is an authorized user; 4. Business, partnership, and/or corporate tax returns for the past two (2) years, including K-l and all attachments and schedules for any such entities owned and/or operated by the party and from which the party derives any income or benefit; and,5. General ledgers, and profit and loss statements for the past two (2) years, for each business, partnership, or corporate entity owned and/or operated by the party and from which the party earns or derives any income or benefit.6.3.Exchange of Child Support Affidavit (Form #3). For child support determinations based on and within the Guideline formula for calculations, the parties shall serve their completed and verified Child Support Affidavit (Form #3, See attached Appendix of Forms), with a Certificate of its Service on the opposing party or counsel, not less than fourteen (14) days prior to the scheduled child support hearing. The parties and/or their respective counsel may agree in writing (letter,: text, e-mail, facsimile, consent order) to a different, specific date to exchange their Child Support Affidavit (Form #3, See attached Appendix of Forms) in advance of the hearing. 6.4.Exchange of Financial Affidavit (Form #4). For child support proceedings involving Self-Employed Parties, Non-Guideline Cases (high income), and Deviation Cases, the parties shall serve their completed and verified Financial Affidavit (Form #4, See attached Appendix of Forms), with a Certificate of its Service, fourteen (14) days prior to the scheduled child support hearing. The parties and/or their respective counsel may agree in writing (letter, text, e-mail, facsimile, consent order) to a different, specific date to exchange and file their Financial Affidavit in advance of the hearing. The Financial Affidavit shall be accompanied by all available documents utilized to calculate the average expenses for each line item with the documents segregated and identified by each line item. If credit card statements are used to calculate average expenses, then the charges utilized for each line item must be identified in a manner that permits easy identification of the charges corresponding to each line-item expense. Any line-item expense which represents an estimate as opposed to an actual calculation must be identified clearly as an estimate.6.5.Affidavits in a Temporary Child Support Hearing. Parties and/or their counsel may elect, or the Court may order, that temporary child support shall be established based solely by affidavits to be served and filed in the proceeding. Additionally, even with a hearing, the Court shall have the discretion to pennit some or all evidence for entry of a temporary, non-prejudicial Child Support Order to be presented based upon affidavits without cross-examination of the affiant. All affidavits intended for use or admission at a temporary child support hearing shall be served by e-mail, fax, or hand-delivery to the opposing party or his/her counsel at least fourteen (14) days prior to the scheduled hearing. Rebuttal affidavits then shall be served in the same manner by the opposing party or counsel no later than seven (7) days before the scheduled temporary hearing. The Court may, in its discretion, postpone or waive these filing, hearing, and timeline requirements. Affidavits submitted under this Rule shall be based on personal knowledge, shall not contain inadmissible hearsay, shall be signed, dated, and verified under oath before a Notary Public, and shall contain the full address and phone number of the affiant.6.6. Applicability to Modifications of Child Support. The provisions of this Rule shall apply to all motions to modify child support.N.C. R. Prac. Sup. & Dist. Ct. Civ. P. 6
Adopted January 4, 2023, effective 2/1/2023.