Excess child support

Is it possible that if a non custodial parents gives the custodial parent money in excess of what is currently ordered for child support through DSS, the custodial parent could potentially inform DSS when child support is reviewed and child support could be increased since it appears the noncustodial parent could pay more than they already are?

The only way a current child support order can be modified is by proving a substantial change in circumstances affecting the wellbeing of the child. Without the substantial change in circumstances, the child support order cannot be modified.

If a child support order is modified, the court can deviate from the monthly obligation per the child support worksheet if the judge finds that the child’s needs are better met by an amount of child support that is different from the worksheet amount. The judge will take into consideration a parent’s ability to provide support in making this determination, but voluntary payments above and beyond the current child support order cannot be the sole reason for increasing child support.


Anna Ayscue

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

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