Child support modification

North Carolina Divorce Law Divorce and Separation Answers
1

It has been more than 3 years since my child support was set, and using current income and expenses would result in more than a 15 percent increase in the child support my ex pays.

So, I plan to ask for a child support increase now. My question is about what happens this fall when my child starts school and I no longer have a daycare bill? I will still have before and after care expenses, and summer camp expenses, but they are probably not going to be as much as daycare on an annualized or monthly basis.

Stated another way, is a decrease to expenses related to the child legal grounds for a request for modification by my ex in 9 months? Or does he need to wait 3 more years, or experience a change in his own financial circumstances (versus a change in the child’s expenses) before he can request a modification?

Thanks.

2

Judges will handle this differently depending on your jurisdiction. Some will delay the modification until that time, some will allow the modification and will put it back on for review in a few months when expenses will change, and others will put the onus on the parties to refile based on another change in circumstances. You should obtain information about before- and after-school care as well as summer camp costs, and run the calculations to see what the amount will be if the judge orders that those figures be used beginning in August when your expenses change.