How to Get Child Support Reduced in North Carolina?

In the state of North Carolina, it is possible for parents to agree to waive or lower child support under certain circumstances. It is important to first note that in order for child support to be lowered in North Carolina, it must be by court order. The court’s decision will be based on whether the agreement to drop child support is in the best interests of the child.

In general, child support in North Carolina is ordered by family courts. The purpose of child support is to ensure that both parents contribute financially to the well-being of their children. Child support itself is a court-determined periodic payment that is ordered by a family court when a child’s biological parents are separating or going through the North Carolina divorce process.

Once again, child support is meant to provide for a child’s basic needs, including food, clothing, education, and medical care. In North Carolina, when initially calculating child support, the total amount of the child support will be based on various different factors.

Factors that may impact the total amount of child support include the custody arrangement between the parents or custodians, the child’s best interests standard, each parent’s income and financial obligations, and the number of children involved in the support case.

Specifically, in North Carolina, child support is calculated according to Section 50-13.4 of the North Carolina General Statutes. That section requires the Conference of Chief District Judges to prescribe uniform statewide presumptive guidelines for determining the child support obligations of parents. It also requires them to review the guidelines periodically, at least once every four years, to determine whether their application results in appropriate child support orders.

It is important to note that child support will not always be ordered in every case. For example, if both parents agree to split custody of their child or children, there may not even be an initial child support order. This is because each parent will have the child fifty percent of the time and be liable for half of the child’s expenses.

Regardless of the initial child support order, child support may be lowered if there is a substantial change in circumstances since the initial order for support. Substantial changes may include changes in income for either parent, a change in custody arrangement, or a change in the needs of the child. The court will then look at many factors when making a determination of whether or not to lower a child support payment.

What Factors Can Lower Child Support?

As mentioned above, child support may be lowered if there is a substantial change in circumstances since the initial order for child support. Specifically, if the new calculation for child support would result in a payment that is at least 15% higher or lower than the current amount, then the court may move forward with a modification of the previous child support order.

When determining whether or not to modify the previous order, the court will then have to reconsider all of the factors originally considered when making the current child support order. These factors include:

• Income of Both Parents: The income of both parents is always taken into consideration, as well as the earning ability of a parent who is voluntarily unemployed or underemployed
  • Once again, if the new income level or either parent would result in a payment that is at least 15% higher or lower than the current amount, that may be used as evidence to lower a child support obligation
  • The court may also consider the parent’s education, training, and experience. Evaluating these factors ensures that a child support calculation does not come out unfairly skewed when a parent chooses to earn less money than they are capable of earning in order to reduce the amount of child support that is due
• Custodial Arrangements: Because child support is intended to ensure that all of the child’s needs are met, it is generally the custodial parent that will receive a child support payment
  • As such, if there has been a change in custodial arrangements, then the previous noncustodial parent may potentially be entitled to a child support payment and to have their support obligation terminated altogether
• Number, Age, and Marital Status of Children: Child support calculations are based on the number of children that the parents are financially obligated to support
  • As such, if one child reaches the age or status that the parents are no longer obligated to financially support them, the child support amount will be reduced in order to reflect the fact that the parents are now responsible for financially supporting one less child
  • If the parent obligated to pay support has additional children, that may also impact the original order for support
• Needs of the Child: The court will always consider the child’s needs when determining whether or not to lower a child support payment
  • For example, if the original support order was higher in order to provide for a child who was still too young to go to school, as a means of covering daycare expenses, that child being old enough to attend school may result in a lower child support payment
  • Further, for children with special needs, such as disabilities, the court will always consider how additional expenses should be addressed

What Is a “Substantial and Material Change”?

As mentioned above, In North Carolina, a “substantial and material change” for purposes of lowering child support typically means a change that significantly affects the financial circumstances of either parent or the needs of the child subject to the child support order.

Substantial and material changes could include:

• Significant Income Changes: A substantial increase or decrease in either parent’s income
• Change in Custody Arrangements: A shift in the primary custody arrangement that affects the amount of time each parent spends with the child
• Change in Child’s Needs: New or increased needs of the child, such as medical expenses, educational costs, or other special needs or requirements
• Change in Employment: If a parent involuntarily loses their job and experiences a decrease in income

The court will consider all of the above changes to determine whether the change is significant enough to warrant a modification in the child support order. That modification must result in a payment that is at least 15% higher or lower than the current amount. Then, the court may agree to modify the previous support order.

What Is the Legal Process of Child Support Modification?

The legal process for modifying child support in North Carolina will involve several steps:

• File a Motion: The party seeking the modification must file a motion with the court that issued the original child support order
• Show Changed Circumstances: The parent seeking the modification must then demonstrate a substantial change in circumstances since the last order was issued
• Serve the Other Parent: The motion for modification must be served to the other parent, giving them notice of the request for modification
• Hearing: A hearing will then be scheduled where both parents can present evidence supporting their positions
• Court Ruling: The court and judge will then review the evidence and make a decision based on the best interests of the child and the evidence of changed circumstances that was presented

A local attorney in North Carolina will be most familiar with the civil procedures and filings necessary to initiate a modification for court-ordered child support.

When Do I Need to Contact a Lawyer?

If you are having any issues related to decreasing child support payments, then it is in your best interests to consult an experienced North Carolina child support lawyer. LegalMatch can assist you in locating and setting up a consultation with an experienced North Carolina child support attorney near you.

An experienced lawyer will be able to help you determine whether or not you are eligible to decrease child support based on the particulars of your case. Additionally, an attorney can also help you determine if you are eligible to have any of your child support arrears reduced or discharged. Finally, an attorney can also file for a modification and represent you in court, as needed.