Is there a form for modifying child support?


#1

I looked at the nccourts.org web sight but I do not see this form listed.

IS there a form for this? Do we need to have pay stubs to present when filing for a hearing on this or do you bring them to a hearing and not give to clerk at the time you file?

Do you have to file a show cause for contempt or is that separate?

Thank you very much.


#2

There are no forms per se for motions. To modify support you will need to file a motion which outlines your allegations of fact with regard to why support should be modified, and for the contempt, a motion which outlines your allegations of fact regarding the other party’s violation of the order.

There is no filing fee for motions.


#3

Is there any advantage to filing a contempt of court or show cause motion? The consent order was supposed to be re-done on september 1, but the other party’s lawyer will not cooperate, won’t talk to me or agree to a new amount, even tho it is in the consent order.

I got the form for modifying off of nccourt.org and it has a notice of hearing at the bottom of the form. What if this lawyer still keeps stalling and will not agree to refiguring the support as agreed OR to a calendar request? Is it a good idea also to file contempt of court at the same time?

How long should a hearing to recalcuate take? One hour? I just want to get this done the fastest way possible but they will not cooperate.

Thank you very much.


#4

There is not a form for a motion to, modify. You will have to create a motion which outlines your reasons for seeking a modification. Paystubs would be introduced as evidence at the heaing.
A motion to show cause is separate.


#5

Is there any advantage to filing CONTEMPT of court?

I did the other paperwork but cannot file it because they will not return communicationn about calendar date. I cannoto file that in the meantime, is that right?

Is there any reason to ALSO file contempt of court?


#6

If the other side is not abiding by the court order, you will want to file a motion to have them held in contempt of court.

You can file a motion to modify and a modify at the same time.


#7

Do you mean file a motion to modify and a contempt of court motion at the same time

What does the contempt of court do? She gets sanctioned?

Thank you.


#8

Yes. The court can hold a party in contempt for willful violation of a court order. The punishment is within the judge’s discretion.