Responce to Motion to Modify Child Support


#1

I have received a motion to modify child support. It is in Wake County family court. How many days do I have to respond to the motion?


#2

A response or answer to a motion to modify child support is not required. If you want to file an opposition, it should be served in accordance with Rule 5 of the NC Rules of Civil Procedure which requires that briefs or memorandums in opposition to a ny motion seeking a final determination of the rights of the parties be served at least 2 days before the hearing. If you want to file only an opposition that is taken as an affidavit, it must be filed in accordance with Rule 6 which requires that affidavits be served at least 2 days before the hearing.


#3

Thank you for your answer…I do have a followup question:

The child support in question was pursuant to a consent order and is less than 3 years old (6 months). The modification claim is that the obligee’s income has significantly dropped. Since it is within 3 years and if my income had gone up no modification motion could be made, why am I required to provide a financial disclosure?


#4

When and if you have to provide documentation to the opposing side is usually controlled by rules of discovery (whether you were subpoenaed to bring documents to court, or if they served document requests on you to produce them beforehand) and local rules (if disclosures are required without formal discovery requests).

Usually with child support, it is easy for both parties to provide income information, run the calculation and come up with a new figure without going to court if both parties cooperate.