Modifying CS - isn't it the LAW it can only be done every 3y

North Carolina Divorce Law Divorce and Separation Answers
1

It is my understanding you cannot modify child support even for a financial change of circumstance (less income) unless it has been 3 years since the last order. Ins’t it true that BOTH a change in circumstance AND 3 years since the last order must be present to change it, not either/or?

The judge heard the case in Nov. 2010 and dismissed it (and imputing him wages) and a NEW order was sent to me on 11/08/10 saying he must keep paying the same amount.

He filed this motion himself and I was mailed a copy saying I have to be in court on 10/7/11. How can they have assigned a court date? Don’t they look up the last motion and decide he’s not eligible? Have have to miss another day or work and hire my attorny again and go back to court again? This seems a gross waste of everyone’s time and money. What is the rule on CS Modification?

Thank you.

PS - If it is black and white clear than he cannot modify it - can I dare go myself and just hand them this 11/8/10 order or would it make sense to hire an attorney again? I’m already broke beyone broke because he hasn’t paid CS in 9 months.

2

Regarding modification being available after three years from the last order, and a 15% differential in the new amount versus what the prior amount would be, based off of the guidelines, you are correct. That is what the guidelines say are presumptive reasons for a modification. The court can set a hearing to determine if a modification is appropriate and will not summarily dismiss a motion. The judge will still hear him out before deciding whether to grant the motion or not.

Anyone can appear pro se, but I always recommend hiring an attorney in support cases.