Current child support and modification

My husband is ordered to pay $197.42 a month in child support and at the time of the order, she was imputed minimum wage (2012). Since then, she has obtained a Masters Degree and has a job with the state making $13.00 and hour and works around 29 hours. Today, the minor child told us that her mom has bought her a new phone and put her on her plan, now while I understand she can do what she wants, the minor child has been on our plan for the past 7 years, currently has a new phone that is still in contract for another 16 months, so now we have to spend the money maintaining the phone until we are able to disconnect I because she was inconsiderate and didn’t bother to find out if it would cost us extra money. We also have spent over 3 grand getting the minor child’s car up and running, the mother has never offered to help, we haven’t asked, it isn’t court ordered that she help… We are trying to find out if a modification of child support would be worth it? I may add that she did not get a job until August of last year after her son graduated and she lost that $540 a month from her sons dad. Would these circumstances change child support at all or is it not worth our time?

Also, at the time the child support was written it said she d. Defendant’s failure to seek employment was in reckless disregard for the minor child’s needs. This was all in 2012 and she just got a job in 2016. So now she has a bachelors degree and a Masters Degree. She lives with her parents and has been since 2012, she also still continues to get food stamps… and it is also 50/50 custody, we maintain health insurance…

Yes, your husband likely has enough to file for a motion to modify child support based on a substantial change in circumstances.

A substantial change in circumstances is presumed for any child support order entered at least 3 years before a motion to modify is filed and there exists a 15% or more difference between the current amount of child support and what the new amount of child support would be based on the parent’s current incomes.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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