Change child support?

When my divorce was finalized a couple of years ago, I agreed to a set amount of $800 in child support (and a fair amount of alimony) for my two children because my ex was income dependent on his bonuses. At the time, he took the children about 120 nights a year. Three months after my divorce was final, he got a new job (making double the base salary, not including any bonuses), and now takes the children less than 50 nights a year. What are my chances of having my child support increased? He is constantly changing his scheduled visitations on very short notice for work (which I am understanding of) and personal vacations (sans children). His salary is over the worksheet limit ($325K). I work only limited part time hours because I have to be home to take care of the children, and my main source of income is my alimony.

If you have a court order for child support, then child support can be modified when there is a substantial change in circumstances affecting the wellbeing of the minor children. Your situation is likely to be considered a substantial change in circumstances with the increased salary in conjunction with the decreased custodial time.

If your child support terms are in a separation agreement, you and your ex-spouse can work out new terms by agreement, or you can file a child support action against him if he does not agree to an increased amount.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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