If a child support order is in place, and the parent receiving child support ( has custody 90% of the time) decides to go back to school to change careers, and therefore has lower income, how does or will that affect the child support calculation?
The receiving parent could file a motion to modify the child support order but would only be granted a modification if he/she proves that there is a substantial change in circumstances affecting the wellbeing of the children. A substantial change in circumstances is presumed if at least 3 years have passed since the entry of the child support order and there is at least a 15% difference in the amount of child support currently being paid and the amount that would be paid under a new child support worksheet based on both parents’ now current circumstances.
Further, unemployment must not be for bad faith reasons.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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