What is the north carolina standard for a reduction in support payments based on income reduction. As an example, if the payer loses his or her job, or gets a job that makes less money, what is that threshold?
I’ve seen 15% online, is that the right number or is it something else?
It depends on whether your terms are in a separation agreement or consent order.
If child support terms are in a court order, then you must show a substantial change in circumstances affecting the wellbeing of the minor children in order to have the child support order modified. A reduction in income alone is generally not sufficient to show a substantial change in circumstances - you must prove additional facts.
It is presumed to be a substantial change in circumstances affecting the wellbeing of the minor children if three years have passed since the entry of the current order AND there is a 15% or more change in the monthly child support obligation using the parents’ current financial circumstances and the amount of child support in the current order.
If child support terms are in a separation agreement, then the modification must be with the mutual agreement of both parties, however, most separation agreements have provisions for the periodic modification of child support.
If alimony terms are in a court order, then it can be modified upon a substantial change in circumstances.
If alimony terms are in a separation agreement, then they can only be change with the mutual consent of both parties.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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