Child Support reduction following custody order modification

I was awarded 50/50 physical custody following a July 2018 custody trial and my child support burden was determined based on that schedule. After two show cause for contempt of the custody order hearings in the year since the judge modified our custody order granting me primary physical custody during the school year - 10 overnights to my exes 4 over a two week period. We are still 50/50 physical custody during the summer, and my ex gets one week over Christmas. I was also awarded sole legal custody of three children. Do these changes represent a substantial enough change to request a child support modification? The judge seemed to indicate that child support was not on the docket the day the custody modification was heard, and that any change to CS would need to be scheduled.

Assuming no change in income for either parent, then there would be a substantial change in circumstances to modify child support if the modified custody order has changed the total number of overnights with each parent from the original order.

50/50 custody for child support purposes is when each parent has the children for at least 123 overnights a year. If one parent now has the children at least 243 overnights a year, then a different child support worksheet would be used and there would be a substantial change in circumstances.


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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Thanks Anna.

I just discovered today that my ex received a citation for misdemeanor marijuana possession and paraphernalia possession in Northampton county over the weekend. Our divorce related trials/hearings have all been held in Orange county, although we both now live in Wake. In your experience, is an Orange County judge going to care about this latest development?

For any pending custody matters, yes, a judge will be interested in learning of this, however, these are just charges at this point and they are not convictions (i.e. he has not been found guilty at this time). For cases in which there is already a permanent custody order in place, this alone will not be enough to have the custody ordered modified unless you can also show a danger to the children.


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

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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I guess that it is just another data point for the next show cause hearing. Thanks for the help.