Modification of Support Order

North Carolina Divorce Law Divorce and Separation Answers
1

The court can hear a motion to modify anytime there is a 15% increase or decrease in income so technically you could file one now. However, if your income has always come sporadically, it would probably be better to wait a longer period of time before filing a motion to modify.

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

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
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Chapel Hill, NC 27514
(919) 321.0780

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2

I am seeking a Modification of Support Order based upon a substantial decrease in my income. The Support Oder was issued in March '07 and based then upon tax returns for '04, '05, and '06. My last 4 months, year to date and last 12 months earnings are all markedly lower than than earnings suggested in the Order.

QUESTION: In a Modification of Support Order Motion, earnings over what period of time are relevant to show a decrease in earnings? My '07 tax return is not yet available. My earnings for '07 are markedly low. Is the past 4 months sufficient? Is year to date sufficient? Is the last 12 months sufficient? I am sure my ex will want to use the last several years but the reality is that those past years were exceptionally high. How long will I be punished for high earnings in the past!

Thank you for your help.