Modification of Child Support

North Carolina Divorce Law Divorce and Separation Answers
1

I am a father of a 3 yr old. I have been on unemployment since February 2009. I was recently told by the caseworker that I cannot have a review to decrease child support due to me being on unemployment. My current order has me supporting the child 100%. She did not have a job at that time. However, now she has had an income for a while and I’m still responsible for 100%. My questions are:

  1. Can I have a modification even if I’m on unemployment right now and due to she has an income and can the mother or her employer to held reliable for not reporting income to the child suport agency.
  2. I’ve lived in Nash County since day one and the child resides in Wake County, but our case is in Carteret County, Can I request it be moved to either county since the mother and child has not resided in Carteret County for 2 years?
  3. What is the difference a review and a motion to decrease child support? The reason I’m asking is that I was told by the so called caseworker that the review was to only to increase child support and not to decrease it. He told me I had to file a motion to decrease within the court system. I had always thought that the review is to work both ways due to the wording according to the 15% increase or decrease in a parents income at any point and time during the court order.

Thank you for your time and your advice is greatly appreciated.

2

The guidelines state that a modification is appropriate after the passage of 3 years from the last award and a 15% change in income of either party. Different counties have different local rules, so a review hearing may be connected to the county rules and not set up to allow for a change in support.

You may request a change of venue since no one resides in Carteret County anymore.