I actually had this same question and found answers on our local DSS site and by contacting the DSS office. They will automatically accept a request for a modification of support if it has been more than 36 months since the last order. Otherwise the following circumstances:
-change in custody or visitation
-change in daycare or health insurance status
-one of parents becomes disabled
-involuntary job loss or wage decrease
If you can run the calculator and the amount changes by 15% or more they can increase/decrease child support.
oops - sorry - I misread your post…my reply had nothing to do with custody but w/ child support - sorry
There are no standards in NC as to exactly what constitutes “changed circumstances.” If the judge, in exercise of his “broad discretion” in custody matters, finds substantially changed circumstances, he must make further findings regarding the effects of these changed circumstances on the child’s welfare. Note that these changes may be adverse or salutary.
NC appellate courts have consistently held that relocation of a parent - in and of itself - is not a substantial change of circumstance. The trial court must make findings on the effects of the parental relocation on the child’s welfare. Once this threshold has been reached, the judge may then modify custody based on changed circumstance if he so chooses. The operative word here is “may.” The judge doesn’t have to modify custody.
Dear ure:
Greetings. Some examples of changed circumstances:
- Birth of a child
- A child not doing well in school
- Abuse
Anything that you can show the court that has happened that affects the welfare of the child and is changed from the last court order, is a change of circumstances. Substantial is a term of art and is very subjective, so the best bet is to talk to an attorney in your county to see if you have a change of circumstances. Hope that helps. Thank you.
Janet L. Fritts
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
301 McCullough Drive Suite 510
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.
Ms. Fritts,
Thank you for your input. I’ll be talking to my attorney in a couple of weeks. I asked this question because judges seem to be all over the map on what will be considered as “changed circumstances.”
My attorney seems to think that the judge in my trial was “on the fence” and might be willing to alter the custody order. While many things have changed since the trial, I’ve heard horror stories of some judges who are reluctant to change a custody order under almost any circumstances. I guess I’ll just have to pray.
Dear ure:
If you are close to trial and there is no good offer on the table, then yes, I would go to trial. Thank you.
Janet L. Fritts
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
301 McCullough Drive Suite 510
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.
Could you give some examples of what judges see as “changed circumstances” that are substantial enough to modify an existing custody order? I’ve read of only two examples: the relocation of a parent and a parent getting a better-paying job. What other changes do judges consider “substantial?”
Thank you.