Child Support

Child support orders in North Carolina are designed to meet the child’s financial needs based on the parents’ income, work related child care costs, health insurance costs, extraordinary expenses and custodial arrangements at the time of the court’s decision. However, circumstances change. Job losses, promotions, a change in coverage, new childcare needs, and shifts in custody can all significantly alter a divided family’s financial picture. When these changes happen, it may be time to revisit and modify your child support order.

Understanding how North Carolina courts evaluate child support modifications can help you take the right steps to protect your rights and ensure your child continues to receive appropriate and necessary financial support.

Legal Basis for Modification

Under N.C. Gen. Stat. § 50-13.7, a parent can request modification of an existing child support order if there has been a substantial change in circumstances since the original order was entered. Although not specifically defined, a “substantial change in circumstances” is found by a Judge on a case by case basis, using North Carolina case law as guide posts.

In addition to a substantial change in circumstances, a review may be initiated by a party if:

• Three years have passed since the last order and
• The difference between the existing obligation and the recalculated amount under current guidelines is 15% or more

This rule is particularly helpful when income or custody shifts aren’t extreme but have gradually changed in a significant way over time.

What Qualifies as a Substantial Change in Circumstances?

The court will only approve a modification if the change in circumstances meaningfully affects one party’s ability to pay or the needs of the child have changed. Here are some common scenarios:

• Income Changes

Income is one of the most significant factors in child support. Courts will consider:

• A parent’s loss of employment, demotion, or significant reduction in pay
• A parent obtaining a new job, raise, or promotion
• A parent becoming disabled or seriously ill, affecting their ability to earn

Example:
If a parent originally earned $90,000 annually and is now making $45,000 after a job change, that could qualify as a substantial change.

Counterexample:
If a parent takes a short-term pay cut but expects to return to normal earnings soon, the court may decline to adjust support until the change proves lasting.

• Changes in the Child’s Needs

Children’s needs evolve and so should support obligations.

Situations that may justify modification include:

• New childcare needs which affect work related childcare costsEducational changes such as switching to private school or incurring tutoring expenses
• The child aging out of daycare, reducing overall expenses
• A change in insurance coverage, either the premium costs or which party is providing coverage

Example:
If daycare expenses of $800 per month are no longer necessary because the child has entered school, the court may reduce the obligation accordingly.

Counterexample:
If a child is newly diagnosed with a condition such as ADHD and starts therapy, that increased cost might justify higher support instead.

• Custody and Visitation Changes

In North Carolina, child support is calculated using the income shares model, which considers both parents’ incomes and the amount of time each parent spends with the child. For child support purposes, custodial time is measured by the amount of overnights each parent has. Changes in custody or visitation can have a direct impact on the amount of child support owed.

Situations that may justify modification:

• The child now lives primarily with the other parent.
• A noncustodial parent begins exercising significantly more overnight visitation.
• One parent relocates, requiring a new schedule that reduces or increases time spent with the child.

Example:
Consider a case where a parent previously had custody every other weekend, amounting to approximately 52 overnights annually. Because one parent has less than 123 overnights, the other parent has “primary custody” and thus the parties calculate their child support on a Worksheet A of the North Carolina Child Support Guidelines. If that arrangement changes to an joint custody schedule with 123 or more overnights per year, the case may qualify for a shared custody calculation under Worksheet B of the North Carolina Child Support Guidelines. This shift often results in a reduced child support obligation for the paying parent, as both households are now sharing more of the financial responsibilities tied to physical custody. 

• Off the guidelines

In North Carolina, the Child Support Guidelines apply when the parents’ combined adjusted gross income is less than $480,000 per year. However, if the parents’ combined adjusted gross income is more than $480,000, child support cannot be determined by utilizing the aforementioned calculations. In that situation, the court will determine the appropriate child support amount considering the reasonable needs of the child for health, education, and maintenance, taking into account the particular financial pictures of each party. “Off guideline” cases can still be modified, and they follow the same process as outlined below.

The Process to Request a Modification

Step 1: File a Motion

You must file a Motion and Notice of Hearing for Modification of Child Support Order in the same court that issued the original order.

Step 2: Serve the Other Parent

The other parent must be properly notified of the motion and hearing date.

Step 3: Prepare Documentation

You’ll need to gather:

• Recent pay stubs
• Tax returns (past 2 years)
• Medical insurance premiums
• Any proof of new or lost income
• Details of custody or visitation changes
• Any extraordinary expenses
• Any work-related childcare costs

Step 4: Attend a Hearing

A judge will hear from both parties, review evidence, and determine whether a change is justified. The court may request updated child support worksheets following the current NC Child Support Guidelines.

Can Parents Agree to Change Support Without a Court? 

Yes – parties can agree to modify child support.

If both parents agree to a change of the child support obligation, they should formalize it through a consent order. This consent order should be submitted to the court for their Judge’s signature. . Verbal or informal written agreements are not recognized by the court and cannot prevent enforcement actions if support payments are missed.

Important Notes

• You must continue paying for your current child support until the court officially modifies the order.
• Verbal agreements are not enforceable – any changes must be in writing and approved by a judge.
• Modifications are not retroactive in North Carolina. They take effect from the date the motion was filed, not the date of the change in circumstances.

For more insight into custody decisions in North Carolina, read: Child Custody in North Carolina: What Every Parent Needs to Know.

Final Thoughts

Child support is meant to be fair and responsive to both the needs of the child and the financial abilities of the parents. If your life circumstances have changed significantly, requesting a modification may be appropriate.

Navigating the legal process, however, can be complex, especially when informal agreements aren’t enough to protect your interests. At Tharrington Smith, our experienced family law attorneys are here to guide you through every step of a child support modification, from assessing your eligibility to securing a court-approved order. We understand the stakes involved and are committed to helping families across North Carolina move forward with confidence and clarity.

Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be construed as legal advice. For specific advice about your child custody situation, contact one of our experienced Tharrington Smith family law attorneys. 

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