Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”
Courts calculate child support based upon the given situation at the time of divorce. However, as most of us know, things are subject to change over time. Major life events, such as changes in income or marital status, can be a contributing factor in seeking a modification of child support arrangement with your ex.
If you are considering filing a support modification request within North Carolina, you may find it helpful to speak with a family law attorney. Here are a few tips to help you navigate the process in the meantime:
Some people avoid filing a child support modification because they want to see if circumstances change. If you cannot pay the ordered amount, you risk being taken to court by your ex for non-payment of support. That is why it is essential to make a child support modification request before it is too late.
You can review child support laws in North Carolina to help you become familiar with the Rules of Civil Procedure and statutes that pertain to your request. Doing so can help you understand what to expect during the process. You can also obtain legal advice from a child support lawyer in North Carolina related to your specific situation.
Try Talking to the Other Parent First
Child support modifications are easy when both parents agree with the proposed agreement. However, not all former couples can make decisions amicably. Keep in mind that working it out yourselves can spare you both from litigation and court costs.
Continue Following the Existing Child Support Order
A common mistake that some co-parents make is to change the agreement without court intervention. In theory, this seems relatively harmless. Unfortunately, conflict can give rise to resentment over the handshake agreement.
Here is the bottom line: The current child support order is in effect and enforceable in spite of any verbal agreements between you and your ex. That means any deviation away from the order could land you in hot water with a family court judge.
Keep Meticulous Records That Support Your Request
Providing supporting evidence in court is a significant component of winning your case. Therefore, it is essential to document your claims meticulously. This concept can apply to someone initiating or opposing the new agreement. Organize any documentation that supports and proves your assertions as to why you need to receive more or pay less money.
Get Child Support Legal Advice from a Family Law Attorney in North Carolina
Child support modifications request a judge to increase or lower payments. The outcome of the request is contingent upon both parties presenting a strong case. One way to put your best face forward is by hiring a licensed North Carolina child support modification lawyer.
If you need to file or respond to a child support modification, the team at Arnold & Smith, PLLC is available to discuss your options. We work with families in the Charlotte, NC area to find the best child support modification resolution possible. If you find yourself facing a complicated family law matter and need the help of experienced family-law attorneys in or around Charlotte, Lake Norman, or our new office in Monroe, please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
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