Job loss does not automatically mean support payments will be modified, and serious consequences can result when parents fail to meet those obligations.
Modifying a child support order in North Carolina
Whether a parent seeks an increase or decrease in support payment, if the original obligation is in a court order, they must petition the court to change it. State law allows a review if:
- At least one dependent child is younger than 18
- If there are multiple children, one of them has reached the age of 18 and graduated from high school since entry of the last child support order
- Three years or more have passed since the most recent child support order and there is a 15% difference between what was ordered and what the order would be now
- There has been a substantial and material change of circumstances, such as a job loss or reduction of income, that did not occur due to any fault of the party
- There is a change in the physical custody arrangement.
Filing for modification of child support
If you believe you are entitled to a reduction or increase in child support, filing a modification order as soon as possible is essential. In the meantime, you should make a good-faith effort to meet those obligations or pay as much as possible if you are seeking a reduction.
An understanding co-parent may agree to temporarily reduce or suspend payments until you find a new job, but be aware that unless an order allows this, whatever you do not pay will be considered arrears that are still owed. Making an effort to communicate with the other parent also shows the court that you are making an effort to live up to your obligations.
Child support modifications are complicated in North Carolina. It’s advisable to work with an experienced family law attorney who understands the laws and how courts will always make decisions based upon the child’s best interests.
