Modification Hearing

If you have filed a Motion to Modify Child Support in Wake County you should file a financial affidavit and the other parent will be required to do the same. In order to prove your income you should bring copies of the records showing your gross income and the expenses of your business, you should make sure to produce these records to the other parent or their attorney prior to the hearing. You should request income information from the other party, and if they do not provide it, you can send a subpoena directly to her employer.

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

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

we have modified in the past and never filed a financial affadavit…how does this work?

I have filed a motion for a modification of child support. I am self employed. During the past 10 months I have earned substantially less than I was earning at the time support was determined.

Questions: What documents do I use to establish my earnings? Will the modification be based upon my gross business earnings before business deductions or will it be based upon my actual taxable earnings (gross less business deductions) Do I need to prepare another CS worksheet and if so, how do I get access to my spouses income information?

Any advice or cautions in proceeding in a modiofication hearing will be appreciated!