3 yr re-calculation of child support

North Carolina Divorce Law Divorce and Separation Answers
1

Dear CamillaCat:

Greetings. 1.) If neither party asks for a recalculation, then it does not get changed.

2.) No. You can only go back as far as the motion you file to modify the support.

Also, if she asks for more support, he may just want to pay a little more without having it recalculated at the time, which may keep him from paying more.

Hope that answers your question. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

I understand that child support can be recalculated every 3 years. Here are my questions:

  1. Does child support HAVE to be recalculated every 3 years? Or can all matters just remain the same, avoiding legal involvement?

  2. My husband will be coming up on the 3 year mark soon where the child support he pays can be recalcuated. He is assuming that his ex will NOT initiate recalculating support after the 3 years has expired. If this happens, and say, 5 years later his ex decides to recalculate support, and the support refigured is HIGHER than what he currently pays, can she go back and get arrears from the previous 5 years?

I am only asking because, as matters stand, my husband will receive a sizable raise in a few years. Just wondering if she can get “back support”, even though she never bothered to recalculate at the 3 year mark.

Hope I made sense! :slight_smile: Thanks for your comments, they’re much appreciated!!