If you pay or receive child support payments in North Carolina, there is a general expectation those payments will remain consistent until the child turns 18 and has graduated high school. Of course, life is not always that simple. There may be a change in circumstances affecting you or the other parent, which may prompt either of you to seek modification of the existing support arrangements.
But can this be done? And if so, what is the process of child support order modification in North Carolina?
The Basics of Child Support in North Carolina
All North Carolina parents have a legal and moral obligation to financially support their children until they reach adulthood. In the case of unmarried parents who do not live together, the non-custodial parent typically pays child support to the custodial parent to help meet the child’s reasonable health, educational, and maintenance expenses.
Ideally, the parents reach a voluntary agreement on child support. In the case of a divorce, this is typically done as part of a Separation Agreement. But the parents can also sign a Voluntary Support Agreement and choose whether they wish to have this signed by a judge and make a court order. In a contested case, the judge will determine the amount of child support owed.
The actual amount of child support is based on North Carolina’s Child Support Guidelines, which set uniform rules for child support orders throughout the state. The Guidelines consider a number of factors, including the gross monthly income of both parents, the number of minor children, and the established child custody schedule.
The critical thing to understand is that once a judge signs off on a child support order, it is a legally enforceable order of the court. This means that the parents cannot unilaterally alter the terms.
However, it is possible under certain circumstances to seek a judicial modification of a child support order.
Requirements for Modifying Child Support in North Carolina
There are essentially two steps in North Carolina’s child support order modification process. The first is that the parent seeking modification must demonstrate there has been a “substantial change in circumstances” since the previous order or modification occurred. If the judge agrees there has been a substantial change, the second step is to set a new award based on North Carolina’s Child Support Guidelines.
It is the “substantial change in circumstances” requirement that often trips up parents seeking modification. Just because you consider a change “significant” does not meet it will meet the court’s threshold. Some common examples of substantial changes include:
- At least 3 years have elapsed since the entry of the child support order–or the most recent modification of said order–and there would be at least a 15 percent change in the amount of support based on North Carolina’s Child Support Guidelines.
- The supporting or custodial parent has experienced a substantial and involuntary decrease in their income.
- There has been a substantial change in the needs of the child. For example, the child has been diagnosed with a chronic illness and they now have substantially higher medical costs.
- There has been a substantial change in the custody or visitation arrangements affecting the child.
- If a child support order covers more than one child, at least one child is no longer eligible for support because they have reached adulthood.
It is important to note that a judge will not modify child support obligations simply because the supporting parent has lost their job or experienced a sudden decrease in income. Indeed, a parent cannot try and get out of paying child support by quitting their job. If the supporting parent is currently unemployed, the judge will instead look at the parent’s “earning capacity” and may even presume or “impute” income to that parent. The court may also look at the parent’s other sources of income or financial support aside from what they previously earned from their job.
The Process of Modifying Child Support in North Carolina
Unless your case is being handled through a child support enforcement agency, the typical procedure for seeking a modification of an existing support order is to file a Motion and Notice of Hearing for Modification of Child Support Order with the court. Either parent may seek modification to increase, decrease, suspend, or terminate a child support obligation. Once the motion is filed and the other parent is properly served, the court will schedule a hearing before the judge, at which time the parent seeking modification must prove there has been a substantial change in circumstances.
The judge will then decide whether or not to grant modification, and if so the amount of the new child support award.
Can You Modify Child Support Without Going to Court?
While many parents do not relish the prospect of going back to court to renew a prior fight over child support, it is the only way to legally modify an existing support order if the parties are unable to reach an agreement that is to be included in a new court order. Even if the parents privately agree among themselves that a temporary modification is necessary or justified, that does not affect the enforceability of the underlying child support order. Remember, child support is ultimately for the benefit of the child, not the parents. In some cases, a state child support enforcement agency may intervene if the supporting parent is not meeting their legal obligations, even if the other parent does not object or seek a modification.
When Does a Child Support Order Automatically Terminate?
As a general rule, a parent’s obligation to pay child support in North Carolina ends when the child turns 18 and has graduated high school, whichever occurs later. Parents may be required to continue paying support for a child up to the age of 20 if they remain enrolled in high school. In such cases, child support obligations end when the child graduates or turns 20.
The parents may also voluntarily agree to extend financial support for a child past high school. For instance, they may agree to pay for a child’s college education. If such an agreement was incorporated into the parents’ separation or divorce agreement, it remains a legally binding contractual obligation even after the child reaches adulthood.
Contact a Charlotte Family Law Attorney Today
Remington & Dixon is a full-service Charlotte, North Carolina, family law firm that can advise you on the process of modifying a child support order. Child support attorney Jennifer Dixon will be happy to sit down with you and explain your options, whether you are the parent who is currently paying support, or the parent receiving support on behalf of their child. So if you would like to learn more about the child support modification process, contact Remington & Dixon, PLLC, today to schedule a consultation.
