I have primary custody of my son and cut my ex a break on child support in our permanent custody order, which is about 3 years old now. It explains that we’re deviated from Worksheet A. We no longer qualify for Medicaid and my ex has become combative regarding paying for half of his insurance coverage and therapy bills. I also pay for my son to go to private school due to his diagnoses. How would I go about having the amount my ex pays re-evaluated? Since it was initially set in the order, would it require taking him back to court?
In order to modify your court order, you will have to file a motion to modify child support based on a substantial change in circumstances affecting the wellbeing of the minor child.
If you and your ex can agree on the amount then you can draft a new consent order, have each of you sign it in front of a notary, and submit it to the judge to be signed without having to appear before the judge.
If you and your ex cannot agree, then you will also have to schedule your motion for a hearing/trial date before the judge.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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