Motion For Support In North Carolina
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FAQ
Work with your lawyer to persuade the court how the change will benefit the child: Prepare to demonstrate to the judge how your proposed modification to child support benefits your child. Usually, a change on its own won't suffice to justify a modification in child support.
Online Application You can download or complete the child support application form from the NC Child Support Services website. When filling out the form, you will need to provide information about both parents and the children involved. Otherwise, it could delay getting the financial support that you need.
Steps to modify a child support order in North Carolina Complete and file a Motion and Notice of Hearing for Modification of Child Support Order. The judge will schedule a hearing. Prepare documents to justify your request for modification. Present the evidence to support your request to modify Child Support.
It can sometimes take months to get in front of a Judge to obtain a Child Support Order in North Carolina. If paternity is at issue that can prolong the wait even longer. That being said, the sooner you take action the sooner you will begin receiving child support.
Oral motion - You can make a motion verbally (orally) while in court. This can be at the initial appearance, at a status appearance, or during a hearing. Usually, you can use an oral motion when the request is not complicated, or if it is an urgent request that you are hoping the judge will grant that day.
Write your legal argument by stating the rule and explaining how your facts apply to it. Then, add your signature, a Certificate of Service, and a Notice of Hearing. File your motion with the clerk of court overseeing your case. Then, give copies to each defendant.
Filing the Documents Take the original and two (2) copies of the Motion to the Civil Division of the Clerk of Superior Court's office in the county where your case is filed. The Clerk will stamp each Motion “filed,” place the original in the Court file and return two (2) copies of the “filed” document to you.
In North Carolina, there are two ways to begin a child support case: in civil court or through a criminal action. You can file for child support on your own, with a lawyer that you retain, or the Division of Social Services (DSS) can file the child support case for you.
