I have a friend whose child support is extremely high and he’s unable to live off his income as a service member. He is currently doing odd jobs such as delivery driving to get by. He is set to deploy soon and the deployment pay is less than he currently is earning with his side jobs and being unable to do side jobs will make keeping up on bills more difficult.
Is there some sort of law about maximum support that can be taken such as 50% of income or a maximum guideline to prevent this? He’s unable to afford an attorney at this time. Any information would be helpful even just a link to NC laws that he could use to cite the guideline or maximum if there is one. Thank you!
There is no maximum for child support. It based on a worksheet depending on the custody schedule and both parent’s financial circumstances.
A child support court order can be modified upon a substantial change in circumstances affecting the wellbeing of the minor children. Deployment and involuntary decrease in pay may be enough to show a substantial change in circumstances. Three years from the entry of the current order and a 15% or more difference in the current child support payment in the current order and what the new monthly child support payment would be if a new worksheet was used is also considered a substantial change in circumstances to modify a child support order.
You can use our Child Support Calculator to determine what child support should be.
And for more detailed information on the Child Support Guidelines, check out our article NC Child Support Guidelines.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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