My separation agreement has child support decreasing when my oldest phases out in a year. Right now, the agreement has him paying the NC calculated, but with one less child then, he’s agreed to less than what it should be for the number of children (if income and everything were to remain the same). I was told child support, like custody, is always modifiable even if the agreement doesn’t state this. Is it true I can file through the child support agency at any time if I think it should be higher? Or would it require us both to agree to modify the agreement? Or can we put it in the agreement somehow? We’ve not signed the agreement yet.
Child support in a separation agreement is still modifiable. Even with a fully signed and notarized separation agreement, one parent could still file a child support lawsuit against the other parent, or seek child support from their county’s Child Support Enforcement agency.
When one child ages out, child support is recalculated using the worksheet that matches the custody schedule and is based on the parents’ current incomes, not the incomes that were originally used to calculate child support.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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