Whether it is an amicable settlement or a court-ordered arrangement, laws governing child custody and support in North Carolina allow modifications when there is a “significant change in circumstance”. Financial needs of the child has increased over time, the custodial parent no longer has adequate income, the non-custodial parent has an increase in income, or parents divorce and have more children with another person, these are all examples of significant changes in circumstance and allows parties to revisit the existing agreement in the best interest of the child.
Who Can Initiate A Modification Request? Either parent can file for a modification of child custody and/or support order in North Carolina. For example, the custodial parent can seek more financial assistance from the non-custodial parent to meet a child's educational and lifestyle needs. Similarly, the latter can appeal for a modification in the event they lose their job. Additional grounds for modification is relocation of the child that may adversely impact the child or hinder visitation with the non-custodial parent.
Child custody and support modification rules in North Carolina also allow grandparents and other relatives to petition the court seeking modifications in the event of a significant change in circumstances that are in the best interest of the child. What Does A NC Child Custody and Support Modification Order Entail? A modification order may result in partial or complete changes in the existing child custody and support arrangement. It may lead to alteration in:
Original custody order Visitation rights of the non-custodial parent Child support payment Parental rights Location of the child
What Are Grounds for Child Custody and Support Modification in North Carolina Two Prong Analysis: Significant Change in Circumstances The modification of the current order is in the best interest of the child Any substantial change in circumstances since the previous arrangement can be a grounds for a motion for modification of child custody and support in North Carolina. The following points are factors considered by the court; they are not exclusive:
North Carolina Child Support Guidelines allow an appeal for modification if the previous child support order is more than 36 months old and there is at least a 15% increase in the amount of child support. Any increase or decrease in the needs of the child. For example, the custodial parent may file for additional money to pay for emergency medical or educational expenses. Similarly, the non-custodial parent may ask for a reduction in his share of payment in case the child is no longer in daycare, receives state assistance, or is no longer a minor. Circumstantial changes impacting the finances of a parent may give way to a modification to NC child custody and support obligations. The court may consider a job loss, a major decline in income, or a significant decrease in the ability to pay. A change in the physical custody of the child leading to the reversal of responsibilities.
What Can’t Be Grounds for Child Support Modification in North Carolina
You may file for child support modification for a decline in your income. However, bankruptcy proceedings or any voluntary decrease in your income are not acceptable grounds for initiating the same. The non-custodial parent cannot file a motion for modification of his financial responsibility exclusively for an increase in the income of the custodial parent.
A motion for child custody and support modification needs expert support from an experienced North Carolina family lawyer. You must prepare and submit ample proof to show enough substantial changes in circumstances. When the other parent contests your claim, you need a good lawyer to fight back.
Reach out to us here at McCall Law, PLLC to assist you with explaining the procedure and requirements necessary for a modification of your current order for support or custody. This process can render complexities and the nature of the action can be emotionally daunting.
Allow us to help!
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