The intent of child support in North Carolina is to provide a parent with the necessary financial support to raise a child. Child support is set according to certain guidelines.
The goal when setting child support is to give the parent receiving the support an amount that allows them to properly care for the child, while keeping the paying parent’s financial interest in mind. There are various factors considered when setting an amount.
However, as your life situations changes, you may find that the amount set in a child support order is no longer workable.
If you are the parent receiving the support, an increase in child-related expenses could leave you needing more support. If you are the parent paying support, a job loss or additional expenses might mean you can no longer afford your child support payments.
North Carolina law allows you to modify your child support order if you show there has been a substantial change in circumstances. Only when a court determines that your circumstances have substantially changed will they move forward with calculating a new child support amount.
When you petition the court to modify child support, you must present evidence of your substantial change in circumstances.
If you are seeking an increase in the amount, evidence could be documentation detailing the additional expenses for the child. When you are seeking a reduction in the amount, documentation showing a job loss, a disability or other reasons for the request is helpful evidence.
One other way to potentially obtain a modification without proving a substantial change in circumstances is to wait until three years have passed from the entry of your child support order.
When there is a 15% difference between the amount set in your current order and an amount set by the child support guidelines with a new calculation, an assumption arises that there has been a substantial change of circumstances and a modification is necessary.
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