Child Support Modifications: How to Modify a Child Support Order in North Carolina
Child support orders are not set in stone. If there is a significant change in circumstances, either parent can request a modification to the existing child support order. In North Carolina, child support can be modified when there is a substantial change in income, living arrangements, or the needs of the child. This article explains how to request a modification to a child support order and what factors the court will consider.
When Can You Request a Child Support Modification?
In North Carolina, a child support order can be modified if there has been a substantial change in circumstances. Some common reasons for requesting a modification include:
- Change in income: If either parent experiences a significant increase or decrease in income, it may be grounds for modification. Change in custody or visitation: If the custody arrangement changes, such as one parent gaining primary custody, the child support amount may need to be adjusted. Change in the child’s needs: If the child’s medical or educational needs change, a modification may be necessary. Parent’s relocation: If a parent moves out of state or significantly farther away, child support may need to be adjusted to reflect travel costs or other changes.
How to Request a Modification
To modify a child support order in North Carolina, the parent seeking the modification must file a motion with the court. The motion will include information about the change https://hannahlawpc.com/friendswood/family-law-attorney/ in circumstances and the requested new child support amount. The other parent will be notified and given the opportunity to respond. If both parents agree to the modification, the court can approve it without a hearing.
Factors the Court Considers in Modifying Child Support
The court will consider several factors when deciding whether to modify a child support order, including:
- Income of both parents: The court will review both parents’ income and financial situation to determine if the requested modification is appropriate. Child’s needs: The court will consider any changes in the child’s needs, such as medical expenses, tuition, or special needs. Current custody arrangement: A change in custody can significantly affect the child support amount, with the custodial parent generally receiving more support.
What Happens If You Don’t Pay Child Support?
Failing to pay child support can lead to serious consequences, including wage garnishment, tax refund interception, suspension of driver’s licenses, or even jail time. If you are unable to pay child support due to a change in circumstances, you must request a modification through the court. Ignoring the situation can lead to further legal complications.
Conclusion: Getting the Right Child Support Modification
Child support modifications are necessary when significant changes occur in the lives of either parent or the child. If you believe a modification is needed, contact an experienced family law attorney to help guide you through the process and ensure the new order is fair and legally enforceable.