Written by Jonathan Breeden
Child support is crucial for parents caring for their families after a divorce. North Carolina law expects both parents to provide for shared children, but sometimes life changes and those needs change. Whether you’re the supporting spouse or the dependent, you are able to seek to modify the support order set by the court after your divorce.
Although you can’t just get an automatic change of child support, a skilled support lawyer can help you navigate the changes in your circumstances and file the right paperwork to get the change you need for a stable future for your family.
Child support orders may never need to be reviewed. If that is the case, the order continues until your child reaches 18 years of age and graduates from high school (or up to 20 years old if the child remains in school working toward a high school diploma).
If your order does need consideration, certain requirements must be met, including:
In cases where it has been less than three years since the order was entered or modified, the court can still review the request if there has been a “change in circumstances” for you or the child’s other parent. Such changes include physical custody, your child’s medical or educational needs, or parental incomes and applying the Child Support Guidelines to your current situation would change your support amount by 15% or more.
An automatic review of child support orders occurs if it has been at least three years since the order was entered or modified, and one parent request it. A skilled child custody lawyer near Raleigh can help you understand your case better.
A number of circumstances could necessitate a change in your child support order. Such situations include:
Under North Carolina law, a parent getting remarried doesn’t necessarily trigger support modifications. However, your ex may argue that sharing expenses with your new spouse may allow you additional income to spend on your children from your previous marriage.
New children don’t always take away your obligation to pay, either, but a skilled attorney can explain when they do affect your standing support order.
A loss of income for an extended period can be a reason to seek modification to your child support order. The court will consider whether the loss was voluntary or involuntary. If you get a raise, bonus, or better job, a support modification may apply to your case.
Child support modifications may be sought if there is a change in custody. For example, if a parent has sole custody, but the court orders shared or sole custody to the other parent, there may be a reason to seek a modification.
Your child may develop different needs over the years. A child that ages out of expensive daycare may not need as much support once school attendance begins. On the other hand, a child may need private schooling, which comes with tuition and other expenses. Increased medical expenses might also be a reason to seek a modification. A child diagnosed with an ongoing condition such as diabetes or asthma may need additional support.
If your child support order has not been reviewed in over three years, then you should look into asking for a modification. You can ask for adjustments whether you are the custodial or non-custodial parent. If three years has passed, you do not have to show a change in circumstances. If it has been less than three years, then you need to prove that your circumstances have, indeed changed. If under North Carolina’s Child Support Guidelines, a parent demonstrates the calculation would change the amount by 15% or more, then one can get a modification within three years.
If the order is less than three years old and if you are the non-custodial parent who pays child support, you may find a re-calculation would lead to a decrease of more than 15% in your required payments. Or, as the custodial parent, you may find the non-custodial parent would owe you at least 15% more in support.
When you file for child support modifications in court, the judge will first determine whether you are eligible for a modification. If it has been three years since the last child support order, then the judge will calculate the appropriate amount of child support based on the current circumstances of your situation.
If the new calculation results in an amount that is 15% more or 15% less than the current child support order in place, the judge will approve a modification. If the new calculation is less than a 15% change in either direction, the child support order will remain in place.
If it has not been at least three years since your last child support modification, then the judge will determine whether there has been a material and significant change in circumstances. As the parent who asked for the modification, you are required to provide evidence of a substantial change – of at least 15%. If you can cross this hurdle, then the judge will perform the child support calculation based on the current circumstances and may modify the child support order.
When you’re facing changes in your life and need help updating your child support order, you do not have to face the issue alone. The Breeden Law Office understands how challenging your situation can be, and is ready to help you file the necessary paperwork and navigate the legal world of child support orders.
Attorney Jonathan Breeden has more than two decades of experience helping families in the Wake County area, and he’s ready to hear your case. To schedule an evaluation of your case, contact us today at (919) 661-4970.