Either parent may request a modification of child support from the Court. Similar to modification of child custody, modification of child support requires the moving parent to prove that there have been material and significant changes in circumstances since the entry of the controlling child support order.
If the court finds there has been a substantial change in circumstances, they may change the child support award either by following the North Carolina Child Support Guidelines, or by deviating from the guidelines, whichever is warranted.
A substantial change in circumstances includes when a prior child support order is more than three years old and if modified, the guideline amount would change 15% or more. If the child support order is less than three years old, the moving party must also provide a change in the needs of the minor child(ren). Additionally, a substantial change includes a substantial involuntary decrease in income by either the supporting or the custodial parent. Furthermore, substantial changes in the needs of the child as well as substantial changes in the custody or visitation schedule may qualify as a substantial change in circumstances.
Like custody, modification of child support is a difficult process and is best handled by an experienced attorney.
If you believe that one of these situations has occurred, please contact one of our dedicated family law attorneys at Jetton & Meredith to help assist you in the potential modification of your child support order.