"substancial change"

How about a substantial increase in mortgage payments in order to provide a safe place for my kids to come and visit? When the divorce was finalized, I was paying somewhere around $600 a month for my mortgage. Now, with rising interest rates, my payment is nearly $850 a month. Would the court take that into consideration as part of a substantial change?

I do not think that mortgage payments would be considered. Do a search on this site and you can see what changes would merit filing a motion to modify your support. In the meantime - refinance and get out of the ARM so you payments aren’t changing!

Dear hawkman:

I am sorry to hear about this. Did you find the Motion to Modify Child Support on the internet? It is on the nccourts.org website under forms. Just type in child support in the name of the form line and it will come up witht he rest of the child support forms. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

What is considered a “substancial change” under the guidelines for modifying a child support order in N.C.?