North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support: Understanding Your Options In North Carolina, individuals who wish to seek a decrease in the amount of child support specified in their divorce decree have the opportunity to file a motion to modify or amend the decree. This legal process allows parents to request a decrease in their child support obligations, taking into consideration various factors such as changes in financial circumstances or the needs of the children. It is important to understand the different types of motions available for modifying or amending a divorce decree regarding child support. 1. Motion to Modify Child Support: This type of motion is filed when a parent wishes to request a decrease in the amount of child support. It may be based on a significant change in financial circumstances such as a job loss, decrease in income, or increase in expenses. The court will review the evidence presented by both parties and determine if a modification is appropriate. 2. Motion to Amend Child Support: This motion is typically filed when there are specific changes in circumstances related to the child's needs or status that warrant a decrease in child support. For instance, if the child has reached the age of emancipation, undergone a change in custody arrangements, or experienced a substantial change in medical or educational expenses, the court may consider amending the child support order. 3. Motion for Temporary Modification: In certain situations, a parent may face temporary financial hardship due to unforeseen circumstances. In such cases, a motion for temporary modification can be filed to seek a reduction in child support for a specific period. This temporary modification allows the parent to meet their financial obligations while addressing the financial challenges they are facing. When filing a motion to modify or amend a divorce decree to decrease child support, it is crucial to provide detailed evidence supporting the need for modification. This includes financial documents, such as income statements, tax returns, and proof of expenses related to the child's well-being. Additionally, any relevant information regarding changes in circumstances, the child's needs, and other pertinent facts should be included. It is worth noting that the court will carefully evaluate the best interests of the child when considering any modifications to child support. This means that evidence demonstrating how a decrease in child support will still adequately cover the child's needs, and that it is in their best interest, should be presented. Ultimately, the process of filing a motion to modify or amend a divorce decree to provide for a decrease in child support can be complex. Seeking the guidance of an experienced family law attorney is highly recommended navigating the legal requirements and present a compelling case before the court.
North Carolina Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support
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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.