Modification of Child Support and Custody Orders

If there have been substantial changes in the needs of your children since entry of your child support Order resulting in a need for more or less support or if you feel as though you can no longer afford your child support payments, you may move to modify the child support Order.

Child custody modification can be sought for many reasons, such as: change in child’s needs, interest, or activities as the child matures, relocation of a parent making the current schedule impractical, significant change in either parent’s work schedule, or situations of domestic abuse.

What to Consider:

  • Substantial Change in Circumstances:

    A key factor is a change in income (either parent’s) or a significant shift in the child’s needs (medical, educational, etc.). 

  • Three-Year Rule:

    In North Carolina, child support orders can be modified after three years, or earlier if there’s a substantial change in circumstances. 

  • Calculation:

    The court will recalculate support based on the North Carolina Child Support Guidelines, considering the parents’ current financial situations and the child’s needs. 

  • Motion and Hearing:
    A Motion for Modification is filed, and a hearing is held where both parties can present evidence to support their case. 

How it Works:

  • Substantial and Material Change:

    The parent seeking modification must prove a substantial and material change in circumstances that affects the child’s well-being. 

  • Best Interest of the Child:

    Ultimately, the court will determine if the modification is in the child’s best interest. 

  • Examples of Changes:

    Relocation, changes in a parent’s work schedule, or significant changes in a parent’s lifestyle can be grounds for modification. 

  • Motion and Hearing:
    Similar to child support, a Motion for Modification of Custody is filed, and a hearing is held to determine if the change is in the child’s best interest. 

Considerations:

  • Legal Representation:

    It’s recommended to consult with a family law attorney to understand the specific requirements and procedures for your situation. 

  • Documentation:

    Gather all necessary documentation to support your claims, such as pay stubs, medical bills, or evidence of changed living circumstances. 

  • Negotiation:
    If possible, try to negotiate a new agreement with the other parent before resorting to court action.