Adjusting child support


#1

You can not include any other issues with filing for divorce. Equitable distribution, child custody and support, and divorce are all separate issues to the courts.
I think that you would have to register the court order from the other state in NC and then requestion a modification but I am not positive on this. Some others may know a little more about this…I think that a modification can only be done if there is a 15% or greater change of circumstance/income. Otherwise, I don’t believe that the courts would lower the payment.


#2

Thank you stepmother. I was really confused. I will be taking a trip to the other state to dispute this amount in person since responses to phone and written requests are so difficult to get results.

I need to get more info on the %15 theory.

Can anyone verify this or tell me where to get the facts on this?


#3

This paragraph was taken from the North Carolina Child Support Enforcement Page.
nddhacts01.dhhs.state.nc.us/hom … kSheet.jsp

Modification

In a proceeding to modify the amount of child support payable under a child support order that was entered at least three years before the pending motion to modify was filed, a difference of 15% or more between the amount of child support payable under the existing order and the amount of child support resulting from application of the guidelines based on the parents’ current incomes and circumstances shall be presumed to constitute a substantial change of circumstances warranting modification of the existing child support order.


#4

You cannot include a modification of child support in the divorce, they are two separate actions. You will need to register your child support order here and then file a motion to modify.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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.


#5

Right now I pay child support in another state. The amount of $423 per month was ok in that state, but now, I’m not making as much as I used to, so I want to lower that payment. I’m filing for divorce in a few days, can I include this. If so, which form should this be done on?

Please help.