Sarno v. Sarno (North Carolina 2017)

No. COA16-1267 (N.C. Ct. App. 2017)
September 2017

North Carolina courts must follow the statutory process for deviating from presumptive child support. The mother appealed the court’s deviation from presumptive support arguing that the court failed to make the required findings. In North Carolina, the court can consider a deviation after determining the presumptive support amount, considering evidence regarding the child’s need for support and the parent’s ability to provide support, and weighing whether the presumptive support amount meets the child needs or is unjust or appropriate. If the court deviates, it must make specific findings as to each of these elements. The appellate court found the support order did not include the necessary findings and remanded the case.