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What Circumstances Might Warrant A Child Support Modification?

| Dec 26, 2019 | Child Support

A final divorce decree will include orders regarding spousal support, the division of property, child custody, and child support. While the division of property and spousal support cannot be changed once the final decree is issued, there are times when child support or child custody may need to be modified by either spouse.

If you believe you have a valid reason to seek the modification of child support in your divorce, your first step should be to reach out to a knowledgeable Raleigh family attorney.

Do You Have a Valid Reason to Seek a Child Support Modification?

The court takes the orders of a divorce decree to be final. Although the court also understands that there are some situations that will warrant changes to the order for child support or child custody. North Carolina family courts will consider temporary or permanent changes to the child support order under some circumstances.

As per North Carolina General Statutes § 50-13.7, to consider a child support modification, the court requires parents to show that there is a reasonable change in circumstances warranting the change, which means that something has to have changed in their lives that should change the way the child support is calculated. Many circumstances may warrant such a change, but the most common ones are:

  • Either parent has a change in income, possibly due to a reduction in work hours or a job change
  • A parent has lost their job
  • A parent has been incarcerated
  • A parent had another child from a new relationship
  • There has been a change in the child’s needs and costs, including costs for health care, childcare, or education
  • There have been changes in how much time the child spends with each parent
  • A parent is deployed to active military service

If any of these circumstances apply to you, your child, or your ex-spouse, you should schedule a consultation with a well-versed family lawyer in Raleigh. Your attorney could craft a strategy to show the court the changes that have occurred and to sway them to make the modification in your favor.

The Process of Requesting a Modification

Just as everything is with a divorce, getting a modification of child support is a time-consuming process. It is generally best to hire a dedicated family attorney in Raleigh to help ensure you follow the correct steps to increase the chances that your request will be granted.  You will be required to fill out legal paperwork and submit supporting documents such as medical bills, a letter from your former employer releasing you from your job, or stating that your work hours have been reduced, or paperwork showing incarceration or military service. Your formal request and supporting paperwork must be filed with the court and served upon your child’s other parent before a hearing can be scheduled.

Explore Your Options for Child Support Modification with a Knowledgeable Raleigh Family Lawyer

To find out if your specific situation warrants a change to your child support order, reach out to our team today at Daphne Edwards Divorce & Family Law by calling 919-891-8552 or using our online contact form. We can assess your situation to determine your chances of being granted a modification of your child support at this time and help you with the next steps in the process.