My ex and I have a consent order that outlines child support for our minor son until age 18. Our son is now 12. We did the agreement between us when my son was six but agreed it was better to have support outlined in the agreement until the age of 18. We calculated by the guidelines and nowhere in the agreement does it state that the agreement is modifiable. A judge signed off on the agreement.
Now my ex wants to break our agreement and says that I need to give her double the amount of child support I’m paying her or she is going to take me to court. Won’t the court make her abide by the agreement we have in place.
Court orders for child support are modifiable whether or not it specifically states so in the order. They are modifiable when there has been a substantial change in circumstances affecting the wellbeing of the child. It is presumed to have been a substantial change in circumstances when at least 3 years have passed since the entry of the order and there is at least a 15% difference in the amount of child support in the current order and the amount of child support using the parent’s current incomes and circumstances.
Your ex could file a motion to modify the child support order and the court could then determine a new child support amount after determining there has been a substantial change in circumstances affecting the wellbeing of the child.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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