Child Support Modification

North Carolina Divorce Law Divorce and Separation Answers
1

Dear redhdhippiechic:

Greetings. Yes, that sounds reasonable for you to request a modification of child support. File the motion now and pursue it. You can ask the court to claim the child who is going to college, but it is unlikely. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

2

I have remarried and have a new child with my current wife. I currently pay child support for 1 child to my ex-wife and 50% of college expenses for my eldest child per the original divorce decree. Would it be possible for a child support modification order to be completed based on the following information and would it make that much difference??

  1. ex-spouse’s income has increased dramatically - mine has increased only with yearly cost of living raises
  2. I have a new child

Since I also am required per the divorce decree to pay 50% of college expenses would it be possible for that to be ammended to include me being able claim the child in college on my taxes every other year to take advantage of the tax benefit. Currently my ex-spouse is getting the entire benefit based on what she is paying to the college and on what I am paying the college.

Thank you for your time.