Hi, I am currently paying much more child support than required by NC law (because my ex is a $$ hungry…) and threatened to take our children and move away and I wasn’t to up to speed on the NC laws so I agreed to pay more than I was obligated to by law. I have been floating on credit every since our divorce and now the CC companys have hiked their rates up. Its just impossible now for me to make any dent what so ever in the credit cards. I obviously do not want to shatter my credit scores and miss payments etc… but I want to pay these things down and reducing the child support to what I am obligated to by law will certainly help. So… is it possible for me to do that and if so how?? Thanks for the help.
You may file an action to have child support established by the courts pursuant to the guidelines. Since you agreed to a higher amount you will have the burden to show the court that the circumstances have changed since the agreement was signed, and that a new, lower amount of support will be sufficient to meet the childrens’ needs as is commensurate with their best interests.
Thanks for the reply. Since posting my question, I have remarried and my current wife has 2 children of her own. (She does not receive child support) Would being remarried be reason enough to file an action to try and get child support lowered?
Thanks for your time.
The fact that you have a new spouse will not factor into the child support worksheet. In order to modify the existing child support order, you will need to show a substantial change in circumstances. To learn more about that process check out our article:how to modify child support