Child Support/Custody order

North Carolina Divorce Law Divorce and Separation Answers
1

HI,

A Few Questions (thanks for your time)

  1. If our child support is in our custody order, is a motion to modify child support also a motion to modify custody?

  2. Our children have become teenagers and are active in activities after school which occurs during my visitation time. So I am not seeing them as often as I use to. The oldest has a job, friends etc and is very close to 18. I have been allowing him to sleep at his dad’s house on my weekends to make it easier for him to get to work since I have moved further away (40-50 minutes). Would the court look at this change of visitation as a lack of interest on my part or doing what is best for the children?

  3. With the change of the children’s activities, would that be a chance for me to ask for more overnights since their activities occur during my daytime(daily) visitation time?

  4. If we deviated from the child support guidelines in our previous order, does that affect a modification of child support?

Thanks!

2

No, you may modify support only.

I think the court would look favorably on your concessions as they are directed at furthering your son’s best interests.

Your children’s activities, if seriously cutting into your visitation, could be a basis to modify custody.

If the reasons for the deviation are still present, the court may stick with the current manner in which support was calculated.