A person could move to modify their child support if it has been more than three years since the initial child support payment or if there is a 15 percent change, with a minimum of $50. Certain changes in a person’s life may require the modification of child support, such as getting a new job, receiving a pay-raise, or the expenses of the child decreased. Contact a seasoned attorney for help with modifying child support in Raleigh.
Information required to modify child support includes the original child support agreement, the payment history to see if there is any arrears, the current income of the other parent, other child support obligations for other children if there are any, and costs that the parent pays for like the child’s health insurance, work-related child care expenses, and any extraordinary expenses like travel expenses or private school. All that needs to be included in the child support calculation.
Some examples of situations that warrant a change in child support include if the child does not go to daycare anymore. This could significantly reduce child support obligations depending upon the expense. If a person has more than one child on the child support obligation and one child ages out, the child support payments could potentially decrease. A person receiving a substantial raise or getting a job with better pay may have reason to change child support or custody changes from one person having primary to having 50-50 custody.
Some examples of situations that do not warrant a change in child support include if there is less than a $50 change since the last time or 15 percent, whichever is greater. If there is not a substantial change in the amount a person is paying, the court is going to leave the current child support in place.
Child support payments are recalculated the same way as the initial calculation of the child support guidelines, showing the reasonable needs of the child. The courts would also look at the current child support amount and see what kind of difference there is between the current amount and the new amount calculated to support the hearing to see if there is enough of the difference between the two.
As defined by Raleigh law, material change is when there is 15 percent or $50 difference, whichever is greater, when the support sheet is run. If there is a big difference in what the person is seeing now in comparison to what they would pay if they went to court, it would be a substantial change in circumstances. The courts like to run the child support worksheet every three years.
Someone could prove that there has been a material change in circumstances by showing the custody order or the number of overnight stays that the person is having. They also could show that the other person’s standard of living or income is going up.
A recently disabled parent could also show their medical records in an effort to showcase the potential salary or wage which they could be earning had they not sustained an injury which rendered them disabled.
The parties could alter child support in writing, but it has to be the same extent as the original child support agreement. If it is a separation agreement, they could modify it by entering in a new agenda to the separation agreement. It has to be notarized just like the original separation agreement.
If they file for child support and they have a separation agreement, they could still file for child support and get a determination. They could also make a consent order to modify a prior order or they could go to the judge and let the judge decide if they are not able to reach an agreement.
Schedule a case review with our Director of Client Services.