Could you please clarify this a little? I’ve found this from the NC Courts site:
It came out earlier this year and has the following:
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.
Which as I read it as a laymen, indicates to me that it has to have been 3 years and a change of at least 15% and I think that is what you’ve indicated below. But this information indicates that a person can file a motion to modify pretty much when ever they want and the 3 year time line is not a factor:
§ 50-13.7. Modification of order for child support or custody
(a) An order of a court of this State for support of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested subject to the limitations of G.S. 50-13.10. Subject to the provisions of G.S. 50A-201, 50A-202, and 50A-204, an order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.
(b) When an order for support of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and upon a showing of changed circumstances, enter a new order for support which modifies or supersedes such order for support, subject to the limitations of G.S. 50-13.10. Subject to the provisions of G.S. 50A-201, 50A-202, and 50A-204, when an order for custody of a minor child has been entered by a court of another state, a court of this State may, upon gaining jurisdiction, and a showing of changed circumstances, enter a new order for custody which modifies or supersedes such order for custody.
Which circumstance is correct? Because I also have an existing court order that indicates I’m to be paid child support and it was filed in April of this year and is based on an attached worksheet b form that indicates the amount owed to me. Can the other party change it now, just 9 months later or do they have to wait 3 years? Please clarify. Thanks
[quote=“crystalruss”]Your new stepchildren will not count as dependents under North Carolina child support guidelines (neither would your prior stepchild). The only children it will consider are prior biological and adopted children. If you have new children with the new spouse, that fact will not reduce your child support obligation under the guidelines. You cannot create a new agreement for child support without your ex’s approval. No court will force her to sign a new agreement.
If you cannot agree between you on the amount you should pay, then you should file a motion to modify support based on the new income figures. Unfortunately, unless your agreement says you can modify otherwise, it has to be 3 years since the last calculation, and the new figure of support is 15% higher or lower than before. If you signed an agreement to pay for your stepchild, and based off of your ex not having a job, you likely took on more responsibility than you were obligated to under the guidelines. You can use our child support calculator online to estimate what your current support (for biological and adopted children only) would be now, and get an idea of what it could be in the future.[/quote]