Over the years, financial circumstances can change, making what was once a fair child support judgment no longer reasonable. North Carolina allows you to petition to modify your family’s child support order if your financial situation changes mid-year, though there are certain steps you’ll have to follow before the court will approve your request. Here’s what you need to know about the process, and why it’s important to get help from an experienced child support attorney in Winston-Salem.
When Can You Obtain a Mid-Year Support Modification?
A North Carolina court may modify a child support order if a parent demonstrates a “substantial change in circumstances.” The law presumes that such a change exists if there is a difference of more than 15 percent between the current child support obligation and the obligation that a parent would have based on the application of the child support guidelines to the parents’ current income and financial situation. Parents can also ask a court to consider a modification of child support after three years since the court’s issuance of the current order.
Parents may experience a “substantial change in circumstances” for various reasons, such as:
- A parent loses their job or experiences a substantial, involuntary reduction in their income with no immediate prospect of new employment or increasing their income.
- A parent experiences a significant, ongoing increase in expenses, such as due to disability or severe chronic medical issues.
- The child experiences a substantial increase in their needs, such as the need for medical treatment or special education.
A brief change in financial circumstances, such as temporary unemployment after leaving one job with a new job lined up, usually will not support modification of child support. Furthermore, courts typically decline to grant modification if a parent voluntarily reduces their income, such as quitting a job without cause.
How to Request a Child Support Modification in Winston-Salem
There are several steps to requesting a child support modification in North Carolina. First, a parent must file a motion with the court that issued the existing child support order. The motion must include the parent’s updated financial information statement and any additional records that serve as evidence of a parent’s changed economic circumstances. The court will hold a hearing on the motion, where it will review documents and question the parent about their changed circumstances to determine whether to grant a modification.
Common Missteps to Avoid
Parents sometimes make mistakes that jeopardize their petition to modify their support obligations, including:
- Unilaterally reducing child support payments without a court order
- Negotiating a modification outside of court, as the law considers child support as a child’s right that parents may not negotiate away
- Failing to document a good-faith effort to find new work after termination
- Understating income on financial disclosure documents
- Not gathering records to demonstrate changes in financial circumstances, such as increased living expenses
Practical Tips for Parents
Interested in modifying your support obligation in Winston-Salem? Here are some practical tips to keep in mind:
- Request any modifications promptly when your situation changes to avoid arrears or personal debt.
- Gather documentation of the changes in your financial circumstances, such as termination letters, rent/utility increase notices, or invoices for significant, unexpected expenses like medical bills.
- Reevaluate your monthly budget and long-term financial plans.
Finally (but most importantly), speak to a knowledgeable lawyer about whether your changed financial circumstances may warrant a modification and get the help you need to pursue that modification.
Contact Us for Guidance in Support Modification Proceedings
Don’t make the mistake of attempting to file your modification petition yourself. Instead, contact Greenwood Law today for a confidential consultation with a child support attorney from our law firm, and we’ll discuss your case in detail.