When Can I Modify Child Support in NC?

Child support is important in many separation and divorce cases involving children.

It is a legal obligation for a non-custodial parent to provide financial assistance to the custodial parent to benefit their child. However, situations can arise that may warrant a change in the child support amount.

In this blog post, we will discuss when you can come back and revisit child support in North Carolina.

Standard for Revisiting Child Support

Ron Payne, the CEO and Managing Partner at ApplePay Law in Kernersville, North Carolina, has provided insight into the standard for revisiting child support.

In North Carolina, a substantial change of circumstances must have occurred for a parent to come back and request a child support order modification. This change can result from various situations, such as a new job, unexpected medical expenses, or injury to either the parent or child.

Automatic Change of Circumstances

North Carolina has defined an automatic substantial change of circumstances as a change of 15% or more in the child support amount after three years since the last modification. This means that if the child support amount changes by more than 15%, you can automatically qualify for an update in child support.

However, it is important to note that this is a presumption, and you must still go to court and request the change. Additionally, the changes are not retroactive, and you cannot modify the amount independently without going through the legal process.

When Job Loss Occurs

If a parent loses their job after the child support agreement was made, the judge will assume that the parent will find another job soon and resume making their child support payments.

However, if you are struggling to find a new job and cannot make your child support payments, a child support lawyer to discuss your options.

Late Child Support Payments

If a parent is consistently making late child support payments, judges may take that into consideration when it comes time to revisit the child support order.

It is essential to always make payments on time, and if you anticipate being unable to make a payment on time, communicate with the other parent and get it in writing.

Consulting With a Family Law Attorney

When you can come back and revisit child support in North Carolina depends on the occurrence of a substantial or automatic change of circumstances.

It is essential to follow the proper legal channels to modify the child support amount, and it is always best to consult with a Kernersville family lawyer for guidance. Remember to make your child support payments on time and get any agreements in writing.

If you are unsure if the child support order needs to be modified, consulting with a family law attorney is always best. ApplePay Law offers low-cost consultations to help you understand your options and the best action plan for your specific situation. Call today.

Author Bio

Ronald D. Payne II
Ronald D. Payne II is the CEO and Managing Attorney of Apple Payne Law, a North Carolina law firm he founded in 2018. With more than 11 years of experience practicing law, he is dedicated to representing clients in a wide range of legal matters, including business law, estate planning, family law, probate, and traffic law.

Ronald received his Juris Doctor from the Wake Forest University School of Law and is a member of the North Carolina Bar Association. He has received numerous accolades for his work, including being awarded the 2020 Client’s Choice Award by Avvo and multiple Rising Star awards from Super Lawyers.

LinkedIn | State Bar Association | Avvo | Google

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