Typically, if the income changes at least 15%, then modification is considered. I do not know where this percentage is written, but it seems to be the “standard” on this board. I feel for your situation and have a similar one except I must work full time. Apparently, the alimony and child support is not enough to meet your “needs”. That happens all too often to women who were stay at home moms during the marriage and some on here believe the moms who stayed at home were on vacation! I wish you all the best!
I am assuming that your divorce agreement is actually a Consent Order. If so your ex can file a motion to modify support in the event that your part time job will substantially change the circumstances. The statutes give a base-line for what will be considered a substantial change in circumstances which a 15% change income, and the passage of 3 years.
If your divorce agreement is a Separation Agreement the alimony is non-modifiable and cannot be changed regardless of circumstance.
When child support is outlined in a contract your ex can seek an initial determination of child support without the need to demonstrate a substantial change in circumstances.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
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Durham, NC 27713
Phone: (919) 321-0780
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Divorce agreement has set amount of child support and alimony. Mother has primary custody of small children and mother has been unemployed during marriage, but to make ends meet will be taking a part time job. Can the “X” file a motion for modification of alimony and/or CS based on mothers part time income?
Thanks