Are you a parent who has a child support order or child support agreement in place? While the stability of an enforceable child support arrangement can bring a sense of security, the reality is that things change. A child support order that was previously the right option for your family may no longer be viable. This raises an important question: How often can child support be modified? The short answer is that North Carolina does not impose a statutory limit on changes—but it is more difficult to change child support if three years have not passed since that order/agreement was put in place. Here, our Charlotte child support lawyer provides an overview of the key things to know about the modification of child support obligations in North Carolina.
What is a Child Support Modification?
Are you looking into your options to modify child support? You must understand what that means under the law. In North Carolina, a child support modification is a court-approved change to an existing child support agreement or order. In other words, it is a change that is made once there is already an existing order/agreement in place. The change is typically sought when one or both parents experience a significant and material change in circumstances that renders the current arrangement unfair. Notably, a child support modification can result in either an increase or decrease in the amount of support one parent is required to pay.
There is No Technical Statutory Limit On the Frequency of Child Support Modifications
How often can child support be modified in North Carolina? As a matter of law, there is no technical limit on the frequency of child support modification. Put another way, if you meet the requirements to get a modification, you can do so even if your child support arrangement was recently changed.
An Overview of Child Support Modification Regulations
As explained by the North Carolina Judicial Branch, a child support arrangement in our state can only be modified by a court if the parent petitioning for a modification can rely upon one of the following two grounds for a modification:
- After Three Years: If three years have passed since your child support order was put in place or since the time it was last modified, you can petition the court for a change. That is not to say that you will automatically be granted a modification. However, three years is sufficient time to get a review for a modification by a North Carolina court.
- Substantial Change in Circumstances: You can get a child support modification even before three years have passed—but you must prove a substantial and material change in circumstances. Some examples include a major change in income, a job loss, the disability of a parent, or changes in the child’s needs.
Note: In North Carolina, financial changes that would result in a 15 percent or more increase or decrease in child support obligations are, by definition, presumed to be a significant change in circumstances.
How to Modify Child Support in North Carolina
How do you start the process of modifying child support in North Carolina? There is a specific formal process that you must follow—and it is especially vital if you are seeking a modification over the objections (or lack of cooperation) of your co-parent. Here is an overview of the process:
- Confirm Your Eligibility: You should confirm that there has been a substantial change in circumstances since the last order. Otherwise, you cannot get a modification.
- Gather Documentation: You should collect all relevant financial documents that reflect the change in circumstances—everything from pay stubs to your child’s health expenses.
- File a Motion: Complete the necessary forms to file a motion for modification with the family court that issued the original child support order. An experienced Charlotte child support lawyer can help you prepare a motion for modification.
- Serve Your Co-Parent: Under North Carolina law, you must notify the other parent of the modification request through a proper service method. Once again, your child support lawyer can help you with the service of process requirement.
Why Rely On Our Charlotte Child Support Lawyers for Help With a Modification Case
Child support modification cases are complicated. The lawyer can make a big difference in helping you navigate the challenges of the legal process. At Remington & Dixon, PLLC, we are committed to putting our clients first. Our family law team is proactive and provides personalized legal guidance and support. Among other things, our Charlotte child support attorneys are prepared to:
- Listen to your story and explain the laws for child modifications in North Carolina;
- Help you gather, organize, and prepare all of the supporting documentation;
- Represent you in any settlement negotiations with your co-parent; and
- Develop a comprehensive strategy to help you come to the best possible outcome.
Contact Our Charlotte, NC Child Support Lawyers Today
At Remington & Dixon, PLLC, our Charlotte child support attorneys are experienced advocates for parents. If you have any questions about a child support modification, we are more than ready to help. Contact us today to arrange a completely confidential, no-obligation initial consultation. With an office in Charlotte, we handle child support modification cases in Mecklenburg County and throughout the surrounding area in North Carolina Throughout North Carolina.
