Charlotte Divorce Lawyer Blog
When parents divorce, they must provide for their children, at least until they reach age 18. Typically, parents share legal custody to make decisions on behalf of their children. Often, the children reside primarily with one parent while the other parent has regular visits. The non-custodial parent generally pays child support. In North Carolina, courts always put an emphasis on the best interests of the child. Therefore, there may be some instances in which a review and modification of child support may be possible.
Child Support Can Be Reviewed Every Three Years
The law recognizes that there may be some changes that are necessary for child support payments. Parents are allowed to request a review for modification every three years. Parents are not required to provide proof of substantial changes in circumstances in order to seek a modification as long as it has been longer than three years since the original child support order or the last court-ordered modification. Either parent may request a modification of child support.
Can Child Support Be Reviewed Any More Often?
A child support order may be reviewed and modified more often than every three years when the circumstances in a child or parent’s life have changed substantially. Generally, a substantial change in circumstances means a change of at least 15% or more. Either parent may request a modification but must be able to prove substantial change. The change must directly affect the child’s well-being and must have occurred since the last support order was put in place.
Reasons Why Child Support May Be Modified
A parent receiving child support may require additional money due to increased costs of the child’s care. This is often true for those whose children were young when they divorced. As children get older, their needs change and so do their expenses. A child could suffer from medical issues or have other needs that require more funds. A parent who is paying child support may want to reduce payments, for example, if the parent has a decrease in income. Some examples of reasons why a modification may be needed include such things as a change in job status, loss of a job, a health disability, or a change in custody arrangements.
Process for Modification
If you meet the criteria for a child support modification, a parent may file a Motion for Modification of Child Support Order. You must file the motion with the court that issued the original or previous order. If North Carolina Child Support Services manages your case, you may file the request through their agency. The other parent must be served with a copy of the motion. Before you attend the hearing, you will need to gather information and proof to support your request. It is extremely helpful to consult with an experienced attorney to assist you and guide you through the process. Your lawyer will help you present the documentation necessary to the court at the hearing. The judge will make a decision based on the details they obtain from both parties. If a modification is ordered, the change may take effect on or after the date of filing the Motion for Modification.
Parents need to make sure that they provide for their children. If child support is not meeting the needs of your child, you may need to request a modification. To learn more, call us at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our experienced legal team.
The family law practice group at Arnold & Smith, PLLC includes multiple 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.
Source:
https://www.nccourts.gov/help-topics/family-and-children/child-support
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