How do I get child support adjusted

North Carolina Divorce Law Divorce and Separation Answers
1

I was recently let go from my job due to no fault of my own. I am currently paying child support for my one son and the child support is court ordered. Now that I have lost my job and have applied for unemployment, can I request that my child support be lowered based on the amount of unemployement I am receiving? I am dilligently looking for another job but cannot afford to pay the amount of child support I was previously paying. I have always paid my child support on time and have never missed a payment. What can I do? Do I need to hire an attorney or can I make this request on my own because of the circumstances? Also, when would I be able to request a child support adjustment? Do I have to wait until I receive unemployment for a certain amount of time before I can request it? Lastly, just as an FYI my son is 16 and lives in NC with his mother and I live and work out of state so he comes to visit me when he wants.

The agreement that we signed and have in place is a Consent order for Child Custody and Child Support that was signed and executed in July 2010.

2

Yes, you can file a motion to modify child support. You do not need to wait until you receive unemployment. You should do so as soon as circumstances change to warrant the modification. You should not delay because when you have a hearing, you will be able to get the amount of support changed retroactive to the date of filing the motion. You can easily file a motion to modify on your own, but you may want to consult with an attorney in the jurisdiction where the case is being held to make sure you file everything appropriately.