Are the terms of modification for a consent order 3 years AND 15% or more in child support payment change (not just raw income?)
Does that timer start from the date of the Judge’s signature?
How does it work if the person receiving child support is intentionally not working full-time and is saving large portions of the child support instead of using it on the kids?
Upon settlement, there was a reduced CS amount agreed to with concessions being made on my part in other areas. Will that delta automatically carry forward since my concessions were already delivered?
If the receiving party is receiving government assistance as well, will this automatically generate a review at 3 years or must a party still petition the court for review and modification?
(1) Child support orders can be modified upon a substantial change in circumstances affecting the wellbeing of the minor children. A substantial change in circumstances is presumed if 3 years have passed since the entry of the current order AND there is a 15% or more difference between the current monthly child support obligation and what the new one would be with the current income and financial circumstances. It is not based on a 15% change in income.
(2) An order becomes a valid and enforceable order on the date that it is file stamped by the court.
(3) You could present evidence to the judge that the other parent is underemployed in bad faith.
(4) No, terms of a previous settlement from before modification will not automatically carry forward to a modified settlement unless both parties agree.
(5) A party wanting to modify child support must file a motion to modify child support. Nothing is automatically filed.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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