NC Court of Appeals partly affirms, vacates child support ruling

SUMMARY

• NC Court of Appeals affirmed, reversed, and vacated portions of a child support and equitable distribution case
• Case involves retroactive child support, Worksheet A vs. B, and custodial schedule from 2018–2021
• Trial court’s health insurance premium allocation was miscalculated and remanded for recalculation
• Lower court must make explicit findings on children’s overnight stays before recalculating support

The North Carolina Court of Appeals affirmed in part, reversed in part, and vacated and remanded in part a trial court decision involving child support and equitable distribution. The ruling came in a dispute over whether the trial court had properly calculated retroactive and ongoing child support obligations, and whether it made adequate findings regarding the custodial schedule between 2018 and 2021.

The 42-page opinion is Denis v. Chandler.

The defendant appealed from a 2024 order entered by the Wake County district court, challenging five aspects of the judgment, including the trial court’s award of retroactive child support and use of Worksheet A instead of Worksheet B to calculate obligations. The defendant also claimed the equitable distribution ruling lacked evidentiary support and that the court erred by offsetting his support obligations with a distributive award.

The appellate court held that the trial court did not err by ordering retroactive child support, but vacated the support award after finding that the court had miscalculated the children’s portion of health insurance premium costs. That portion was remanded for recalculation consistent with North Carolina’s child support guidelines.

More significantly, the 4th U.S. Circuit Court of Appeals held that the trial court’s failure to determine the number of overnights the children spent with each parent between 2018 and 2021 rendered its reliance on Worksheet A improper. Although the court referenced a prior custody order, it failed to make factual findings on the custodial schedule, precluding appellate review of whether Worksheet A or B should have been used.

The decision directs the lower court to make explicit findings regarding the number of nights the children spent with each parent during the relevant period before recalculating child support.

EXTERNAL LINKS

• North Carolina Court of Appeals
• Denis v. Chandler opinion (PDF)