Motion to Modify Support

North Carolina Divorce Law Divorce and Separation Answers
1

Hello Crystal,

What is the basic process once one of the parties files a motion to modify child support?

There has been a change in costs in child support to the effect that the difference is well past 15% in costs. My costs for child care are going up significantly and my income going down as well. It will be declining.

If the other party files the modify motion, how is my decline in income handled? Is my current income which is less than it was the last time the support amount was agreed to and filed with the courts? Is it my income at the time of filing the motion? Essentially how is a decline in income handled during a motion to modify.

During a motion to modify does a judge take into account the best interests of the child? E.g. If I do shift work that changes my income and that shift changes and my income decreases (i.e. 15%) how is that handled?

Thanks as always, glad your here.
SideTracked

2

You should bring with you pay stubs, day care bills, and any other items that are recurring (such as health insurance costs). Any modification will be based off of the incomes and child-related expenses for both parties at the time of filing the motion to modify.