Support can be modified any time you believe the change is more than 15%. Run the support calculator on this site and be sure and put in your 2 yr old …you may be able to include the long drive as “extraordinary expenses”.
Generally, child support can be changed when there is a substantial change in circumstances. Putting a child in daycare can constitute a change in circumstances, however it must be work related day care. the reason she put the child in day care can be a big part of whether or not the court determines that there has been a substantial change in circumstances.
Helena M. Nevicosi
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
10925 David Taylor Drive, Suite 100
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.
how often can child support be modified? my husbands childsupport was just modified and increased this past November now they want him to come back in to do another modification because his ex-wife has put there 6yr old in daycare? does he have to agree to this? I don’t think it is fair we are struggling now and we have a 2yr that is in daycare and we pay 500 a month for him. I though an increase could only be done every 3 yrs? and they have shared custody and ontop of everything we drive 3 hours round trip for our schedule visitation because she refuses to meet halfway or split the drive. HELP!!