Modification and Child Support

Dear Tracy,

Moving from the state is not a sufficient change in circumstances to modify child support, but it is sufficient to modify custody, I’m not sure which specifically you are asking about. If it has been three years since you last calculated child support you would be eligible to recalculate it because the law assumes that over three years there will be a change in circumstances.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

If you have a “Consent Order” that is three years old do you have to have a change in circumstance to go back and calculate child support?

Also the “consent order” does not spell out if one or both parties move from the state in which is listed in the order what will occur? Is this enough for a change in circumstance to go back for a modification to get that addressed?

Please Help!!

Thank you