Remember, three (3) years and fifteen (15%) percent.

A permanent child support order can be modified upon a showing of a substantial change of circumstances regarding child support since the entry of the prior order.  The judge is limited to hearing evidence about what has transpired after the date the prior child support order was entered. 

North Carolina law provides that if three years have transpired since the prior child support order was entered, and if recalculation of the child support guidelines based on the present circumstances results in a child support amount that is a 15% or greater change from the prior child support amount (either up or down), then that is presumed to be a substantial change of circumstances.  Therefore, everyone is entitled to a three-year review of child support, but that may not result in a modification of child support.

If it has been less than three years since your prior child support order was entered, then logically we would need to show that recalculation of child support would result in substantially more than a 15% change.  This is often the case when a child support obligation ends for one child (generally, but with some exceptions, when the child turns 18 and has graduated from high school, whichever occurs later), but continues for a younger child or children.  When a child support obligation that goes from three children to two, or two to one, generally that means a substantial reduction in child support and warrants modification.  Other examples of substantial changes could be if one parent’s income changes substantially, either because they lose their job, get a substantial promotion or get a new job making substantially more or less, or if a parent begins or ceases to pay for daycare (which we all know can be exceptionally expensive).

Be prepared to discuss what has changed since the entry of the prior child support order in your case in your consultation, and we can determine whether filing a motion to modify child support will likely be an effective strategy for you.