North Carolina Child Support Modification

Child support obligations are intended to provide for the child but not overburden the birth parents’ finances. It’s not uncommon for a parent's financial circumstances to change for better or for worse, so child support modification is a possible solution. North Carolina law has provisions to assess such requests.

To modify a child support order, judges must consider the North Carolina Child Support Guidelines, the best interests of the child, and the finances of both parents. This article will examine what qualifies for modification, explain how to apply, and explore the reasons child support is modified or terminated.

North Carolina Child Support Modification - Reviewing an Order

Child support is a court order. Whether from divorce proceedings, a child custody case, a separation agreement, or a birth parent making a civil claim against the other, a court must rule on child support payments. Figuring out each parent's responsibility is a complex undertaking. FindLaw's North Carolina Child Support Calculation Laws offers an in-depth look at how child support is determined.

Both the custodial parent and the non-custodial parent can apply for modifications to their financial responsibility. In most cases, a parent must petition the family court to modify the child support obligation. North Carolina law, the North Carolina Child Support Guidelines, and Child Support Services (CSS) state that child support is reviewable if:

• At least three years have passed since the most recent child support order or modification

• A substantial change in circumstances has affected at least one parent

The Schedule of Basic Child Support Obligations is one method of determining if a child support modification is warranted. If a parent proves there's a difference of 15% or more between the gross income amount used to calculate the child support and the parents' combined current income amount, the child support amount is eligible for modification.

The parent seeking the change bears the burden of proof. Given the potential long-term effect on your children and your finances, speaking with a North Carolina child support attorney is a good idea in this situation.

North Carolina Child Support Modification - Changes in Circumstance

If there hasn't been at least a 15% change in the gross combined income of the parents, a substantial change of circumstances is required for any child support modifications. Common changes in circumstances considered significant enough for modification include:

• Physical custody changes (primary custody, shared or joint custody, and split custody use different worksheets to calculate child support costs)

• Changes in the child's needs such as child care costs, daycare, and healthcare expenses

• Involuntary changes in a parent's income (quitting a job without cause or not actively seeking new employment are not acceptable reasons for modification)

• Incarceration of a parent

• Child support for a different birth parent

• Serious illness of a parent

• Payments from the application of the guidelines take a parent's income below the self-support reserve (poverty level)

Other situations may also be eligible, depending on the details. No condition guarantees modification. The issue is settled in family court. 

North Carolina Child Support Modification - The Application Process

As mentioned before, almost all child support modification requests are handled in North Carolina courts. If you have a CSE caseworker, consult them for help with filing.

Step One: Filing With the Court

Getting a modification to an existing child support order begins with the filing of a Motion and Notice of Hearing for Modification of Child Support Order (form CV-600) in family court. This alerts the court to your desire to modify an order and supplies them with pertinent information.

It's important to sign the motion in the presence of a Notary Public. Clerks of court are Notary Public in most counties. The filing fee for a Motion to Modify is $20. You may have to file an Affidavit as to Status of Minor Child (form CV-609). Speaking with a family law attorney before beginning the legal process is a good idea.

Step Two: Receive a Date for the Court Hearing and Serve the Other Birth Parent

After filing your motion, the court will assign a court date. It's your responsibility to serve the other birth parent with copies of the Notice of Hearing and Motion and Notice of Hearing. You can do this by first-class mail or through a process server. The other parent must receive notice at least 13 days before the court date.

Step Three: Prepare for Court

If you're going to represent yourself in the modification hearing, preparation is a must. Gather all the documents, financial or otherwise, that you'll be presenting as proof. Make copies. If you're using a family law attorney, they'll make sure you're ready.

Step Four: Present Your Case in Court

If you're requesting modification of your child support order, the burden of proof is on you to convince the judge of your claims. Make sure you have documentation for all pertinent medical expenses, pay stubs, tax returns, case information, and legal documents that support your case and show a significant change in circumstances.

If your request for modification is granted, the change in the amount of child support begins with the next scheduled payment. The court will alert the NC Child Support Centralized Collection (NCCSCC) in Raleigh, which handles all child support payments in North Carolina.

North Carolina Child Support Modification - Termination of Child Support Obligations

Child support isn't endless, although it might seem that way to the people paying it. Termination of child support obligations can occur for a number of reasons. These include:

• The child turns 18 years old (the end point of most child support requirements in North Carolina).

• A child who hasn't graduated high school reaches the age of 20.

• The child becomes emancipated (types of emancipation include marriage, joining a branch of the military, beginning full-time employment, etc.).

• The death of the child.

• Adoption of the child by a stepparent (the birth father is still responsible for any overdue support).

• The person considered the father discovers that they are not the biological parent of the child and files a Motion for Relief at least one year after discovery.

Other conditions are possible.

North Carolina Child Support Modification - Review

While most parents want to provide the best for their children, it's not always possible. Child support modification serves to keep the process fair for all involved. The table below recaps what you've learned about modifying child support in North Carolina. Links are provided for further research.

North Carolina Child Support Code Statutes and References

General Statutes of North Carolina

Chapter 50 - Divorce and Alimony

• N.C.G.S. Section 50-13.4 (action for support of minor child)

• N.C.G.S. Section 50-13.5 (procedure in actions for custody or support of minor children)

• N.C.G.S. Section 50-13.7 (modification of order for child support or custody)

• N.C.G.S. Section 50-13.9 (procedure to insure payment of child support)

• N.C.G.S. Section 50-13.10 (past due child support vested; not subject to retroactive modification; entitled to full faith and credit)

• N.C.G.S. Section 50-13.11 (orders and agreements regarding medical support and health insurance coverage for minor children)

Chapter 110 - Child Welfare

• N.C.G.S. Section 110-136.3 (income withholding procedures; applicability)

• N.C.G.S. Section 110-136.4 (implementation of withholding in IV-D cases)

• N.C.G.S Section 110-136.6 (amount to be withheld)

Standard for North Carolina Child Support Modification

Courts may modify child support based on a substantial change in circumstances presented by either party. The following are changes in circumstance that might justify modification of a child support order:

• Incarceration of one of the parents

• A deviation of at least 15% between the child support payment amount and the expected amount as determined by the North Carolina Child Support Guidelines

• Increased healthcare expenses for the child

• Nonvoluntary loss of employment

• Serious illness of one of the parents

• Child support payments to another birth parent

• The payments take the parent below the self-support reserve

Child support orders are subject to review three years after issuance. Cost of living adjustments (COLA) are applicable during review.

(N.C.G.S. Section 50-13.7; North Carolina Child Support Guidelines (page 2))

Process for Modification of a Child Support Order in North Carolina

Modification of a North Carolina child support order is addressed in family court. Speak to your caseworker at your CSE office if you have one.

1. File a Motion and Notice of Hearing for Modification of Child Support Order (form CV-600).

2. Receive a date for the court hearing.

3. Prepare documents proving you require a modification of the child support order.

4. Present evidence in court to justify modification of the child support order.

Consider working with a North Carolina child support attorney when attempting to modify child support payments.

(Child Support - NC Courts)

Reasons for Termination of Child Support Obligations Under North Carolina Law

The requirement to make child support payments can end for the following reasons:

• The child reaches the age of 18

• A child who hasn't graduated high school reaches the age of 20

• The child becomes emancipated

• The person considered the father discovers that they are not the biological parent of the child (can file one year after discovery)

• The death of the child

• Adoption of child by a stepparent (but any overdue support is still due)

Other reasons are possible.

(N.C.G.S. Section 50-13.4)

Note: North Carolina state laws can change through new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. While we strive to provide the most up-to-date information available, please consult a family law attorney to confirm current North Carolina laws.

North Carolina Child Support Modification: Additional Resources

• North Carolina Child Support Guidelines

• North Carolina Child Support Enforcement

• Child Support Modification Tips

• North Carolina Child Support Services

• NC Child Support Services Office Locator

Need Legal Help With Child Support Modification in North Carolina? Talk to an Attorney

If your current child support doesn't meet the reasonable needs of the child or your payments are more than you can handle, it's time to get help. An experienced North Carolina child support attorney can supply legal advice for your child support case. If the custody of a child or a custody order has changed, the support amount might need to change. Put an expert to work for you.