Child Support Reevaluation


#1

Dear trosier:

Greetings. Yes, I think that your changes are significant changes that may warrant a change in child support. Yes, there is a form for a motion to modify child support which you can find on the NC Administrative Office of Court’s website. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

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

Our joint custody agreement is 65% mother/35% father (me). She has also quit her job in order to pursue a master’s degree. Last summer (2004) my ex took me to court to get more time with children and therefore more money. She lost. At the same time, I tried to get my child support reduced due to a decrease in childcare. The judge never looked at any numbers and basically kept everything the same.

She will graduate this May and, hopefully, get a job with a higher salary than was in the original agreement. I also have kept records and can show that I keep the children more than 35% overnights. Due to the children getting older, less “school year” childcare is needed. Also, I pay for summer childcare and it was not accounted for in the original calculations. Do these reasons warrant a “significant change in circumstances” or do I have to wait 3 years from the last court date to have CS reevaluated? Also, I’ve heard of people being able to complete “forms” with the clerk of court in order to have CS revisited without hiring a lawyer, which is expensive. Are there such “forms”?