Hello - When my ex started working in March we modified child support in July. Since she is a contractor we did it off of 30 hrs she was
Guarenteed at her employment. She is now going back to add work related child support costs saying to work full time she needed to put them in more care. Is she allowed to go back that soon?
Yes, she can file another modification motion. However, if your child support is in a court order, then the need for work related childcare, if known at the time of the modification in July and left out, is likely not enough to be a substantial change in circumstances affecting the wellbeing of the minor children, and therefore would not be modified based on this one fact alone.
A child support court order can be modified anytime there is a substantial change in circumstances affecting the wellbeing of the minor children from the date of entry of the current order to the present time.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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