Modifying Child Support


#1

First review your agreement for specifics about modification of that agreement. Generally, a standard clause will state that a modification of the agreement (one that is mutually agreed to) requires the same formalities as the original agreement, that is, a writing signed by both of you before a notary will generally be acceptable. Just be sure your agreement doesen’t vary the general provision. No, as long as you both agree, you really do not need an attorney to do this.

Deborah M. Throm
Rosen Law Firm
1829 E. Franklin Street, Bldg. 600
Chapel Hill, NC 27514
919.265.0017 direct
919.321.0780 main voice
www.rosen.com
Email: dthrom@rosen.com

4101 Lake Boone Trail
Suite 500
Raleigh, NC 27607
919.256.1544 direct
919.787.6668 main voice

301 McCullough Drive
Suite 510
Charlotte, NC 28262
704.644.2531 ext. 100


#2

My wife and I have been legally separated since March 05. We have three children. I am paying CS for all three. My eldest has lived exclusively with me since the separation. I agreed to pay CS for my oldest thinking that she may decide to live with her mother in the near future. It’s obvious that she will continue to live with me. We agreed to all the terms of our separation and only used an attorney to author the agreement including child custody, child support, property,etc… I want to modify the child support to reflect our current situation. My two younger children live with her and, as I said, my eldest daughter lives with me. Assuming that my wife agrees to the modification, what form or contract do we need? Would you recommend we use an attorney for this modification or is there a standard form we can fill out and have notorized. I pay support directly to my wife and no outside agencies or courts have been involved. We have a Memorandum of Separation recorded.