North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

State:
Multi-State
Control #:
US-00799BG
Format:
Word; 
Rich Text
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Description

A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

North Carolina Child Support Laws 2023 One modification is directly related to the current federal poverty level, $1150 per month. If a parent obligated to pay child support claims that he or she is too poor to pay, the court uses the base mark of $1150/monthly ($13,800/yearly) for 1 person.

All parents are responsible for supporting their children, unless the parent's rights have been terminated. If a parent is under the age of 18, his or her parents can be obligated to pay child support until he or she reaches the age of 18. Non-parents are otherwise not responsible for child support.

If your existing order is at least three years old, and if an application of the Guidelines to your current situation would change your child support by 15% or more, this is considered an automatic substantial change of circumstances.

In North Carolina, the only way to legally alter a child support order is to petition the court for a modification of child support.

When parents' combined adjusted gross income is more than $30,000 per month ($360,000 per year), the supporting parent's obligation goes beyond the child support guidelines. In high-combined income cases, the court will set support as to meet the reasonable needs of the child's health, education, and maintenance.

The revised guidelines were effective January 1, 2023 and apply to child support actions heard on or after that date. The guidelines include a self-support reserve to help ensure that obligors have sufficient income to maintain a minimum standard of living based on the federal poverty level.

Deviating From the North Carolina Child Support Guidelines Deviations from the guidelines are based on findings that the guidelines would not meet, or would exceed the reasonable needs of the child considering the ability of parents to provide support.

Because child support is so dependent on each parent's income, i.e., it could be as low as $50 per child or as high as $2505 per child (or more if you are off the guidelines), it is not practical nor helpful to determine an ?average? amount of child support.

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North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support