Mutual agreement to modify child support - do I need to file something with the courts?

The ex and I have a mutual agreement that I can stop making child support payments based on our relatively even income and custody levels. The current agreement (which has been in place for 4 years) is in the form of a consent order that was filed with the courts.

What do I need to do to make this change official? Can I simply draft an addendum to the order and have us both sign it? If so, does this addendum have to be filed with the courts or can we simply keep it as a private contract?

I figured it out - I drafted a new Consent Order that outlines the agreement and also am required to file a Motion to Modify. I plan on filing both at the same time.

Thanks again for the service you provide. :slight_smile:

That is correct - you must file a motion to modify the child support order, and then a new consent order will need to be submitted to the judge, assuming there is a substantial change in circumstances affecting the wellbeing of the child. The new order must be filed rather than merely kept private as a contract or else the previous order remains in full force and effect.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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