Modification of Support Order

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

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

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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.