Generally you will not get in trouble for modifications the two of you agree to make to a custodial schedule. If one of you filed a motion to hold the other in contempt it would be easy to prove you did not willfully violate a court order when the other party agreed to the change as well. I would suggest keeping a record of these changes in email in case there ever is an issue.
If you agree to reduce the change to writing in a new order you can do it by consent and submit it to the judge for his or her signature. You do not have to return to court and have a hearing to make the change.
You may want to wait until the new custodial schedule has been in place for a few months before filing a motion to modify.
If you modify child support and you agree then you do not have to use the guidelines, if you go to court, the judge will determine whether or not there was a substantial change in circumstances from the entry of the last order, if there was, the judge will modify child support based on the current circumstances and NC guidelines.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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