In Charlotte, North Carolina, child support refers to a set amount of money that is paid to the parent who currently has custody of the child by the non-custodial parent. These child support payments are made each month. Child support payments are typically calculated on the basis of each parent’s income. If the parent responsible for providing such support fails to make payments, they can be held in contempt for non-payment. Child support payments are not “absolute.” In case the non-custodial parent wants to reduce child support, there are provisions in place that allow them to make such an appeal.
Whether this request is approved or denied is based on the circumstances of both the custodial and non-custodial spouse. If the non-custodial parent has had some major changes in their financial circumstances and would like to request the courts to reduce child support, they can put in a formal modification request with the help of a Charlotte family law attorney.
Reducing Child Support in Charlotte, North Carolina
In North Carolina, there is a two-step process to reduce child support. First, the judge will try and determine if there has been a significant change in your circumstances since the time the existing child support order was initiated. The non-custodial parent asking for modifications in child support must show proof of the changes that have occurred that are preventing them from making the monthly child support payments.
The judge will analyze this information and look at the evidence before making any further decision. If a request is made to reduce child support, the court may review the living expenses of the parent who currently has custody of the child, as well. The court will also consider both the past and present expenses of the child in question. Other factors that might be considered during such a review could include any unusually expenses that the non-custodial parent may have incurred or any other demonstrable factors that could have an impact on the ability of the non-custodial parent to make regular payments.
If the judge determines that the request is valid, then they may approve your request and may reduce child support. However, this decision will be based on the scope, amount, and duration of the obligation based on the original child support guidelines. You should speak to a child support lawyer to ensure your situation is presented to the judge properly and within the parameters of the law in Charlotte, North Carolina.
Why Do Some Parents Need to Reduce Child Support Payments?
A very common reason why people seek to reduce child support is due to job loss and unemployment. If the non-custodial parent is no longer employed, they can apply for a reduction in their monthly child support payments.
However, it is vital to show that the loss of job was beyond the individual’s control. A parent who simply quits their job because they were unhappy cannot expect this to be reasonable grounds for seeking a reduction in child support payments. But if the company you worked for filed for bankruptcy and laid everyone off, then the judge may consider your request. The court will also want to know how long you’ve been unemployed, what other jobs you have applied for and your success rate so far.
Other reasons for seeking to reduce child support include:
- The custodial parent no longer needs the full amount
- The non-custodial parent remarries and now has other expenses, including other children to look after.
The rules of child support are not set in stone, and one can have them altered either upwards or downwards if there are valid reasons. If you are a custodial or a non-custodial parent and want to have alterations made in your child support payment, you should speak to a child support lawyer. The laws surrounding child support payments can be difficult to understand, so it is important to seek expert advice.
Reach Out to a Family Law Lawyer to Discuss Reducing Child Support in Charlotte, North Carolina
If you are facing financial challenges and believe that you cannot continue to make your monthly child support payments, you can contact a Charlotte child support lawyer at Remington & Dixon. We will help you file a request to reduce child support, and ensure that your reasons are presented to the judge in a valid and reasonable manner. Call us today to schedule a consultation and our legal team will be happy to assist you.
Jennifer is a founding partner at Remington & Dixon, PLLC. Jennifer concentrates her practice in the areas of family law, wills & estates, unemployment benefits appeals, and traffic. At Elon University School of Law, Jennifer was the vice president of the Public Interest Law Society and a member of the Family Law Society. During law school, Jennifer interned at the Elon University School of Law Field Placement Clinic with Legal Aid of North Carolina where she represented clients in domestic violence court proceedings.