When your child support payment doesn’t go as far as it used to, or if you feel as though your child support payment is wiping you financially clean each month, it may be time to consider speaking to an attorney about a modification of child support.
Child support in North Carolina is calculated according to the then-existing North Carolina Child Support Guidelines. Depending on your income, the income of the other parent of your children, and your particular family circumstances, you will either be a “guidelines case,” “deviation case,” or a “high-income/non-guidelines case.” Speaking with a family law attorney will allow you to discover which type of case you may have. From there, it is important to see if you should be receiving or paying a different amount of child support than you are currently receiving or paying.
Could a modification of child support be right for you?
It may be in your best interest to seek a modification of your child support. To determine whether you should seek to modify your child support, start by asking yourself the following questions:
It may be in your best interest to seek a modification of your child support. To determine whether you should seek to modify your child support, start by asking yourself the following questions:
- Has your income greatly changed since the last time your child support order was calculated?
- Has the income of the other parent greatly changed since the last time your child support order was calculated?
- Have you grown your family by adding a new baby since the last time your child support order was calculated?
- Has it been at least three years since the last time your child support order was calculated?
- Have your child’s financial and educational needs changed due to physical injury or developmental delay since the last time your child support order was calculated?
- Has your child turned eighteen or graduated from high school since the last time your child support order was calculated?
- Have the North Carolina Child Support Guidelines been revised since the last time your child support order was calculated?
As of the date of the writing of this post, the answer to question #7 is yes.
Yes—the North Carolina Child Support Guidelines were recently revised
The North Carolina Child Support Guidelines are subject to review and possible revision periodically, but at least once every four years. The North Carolina Child Support Guidelines were just recently revised, with an effective date of January 1, 2023. Some of the most important revisions include:
- Implementation of a change in the federal poverty level;
- An increase to the initial threshold for a high-income/non-guideline case;
- Removal of the provision prohibiting an imputation of income against a parent who cares for a child under the age of three and for whom support is being determined; and
- Including vision insurance under the umbrella term of health insurance, which can be ordered to be maintained on behalf of a minor child.
If you are receiving or paying child support, why does a change in the North Carolina Child Support Guidelines matter to you?
It matters because depending on your income, the income of the other parent, your particular family circumstances, and how long it has been since your last child support order was calculated, the implementation of the new guidelines may result in a change in your child support payment each month. If you are the parent receiving child support, you could be missing out on an increase in child support paid to you, which could certainly help with your ever-increasing grocery bill given the continually rising cost of food. On the flip side, if you are the parent paying child support, your obligation could increase, and knowing so would allow you to plan and develop a strategy with your attorney accordingly. Either way, it is good to know if and how your child support may change.
Did you answer yes to any of the other questions?
If you answered yes to any of the other questions as well, you should speak with a family law attorney about your child support payment and whether a modification of court orders is right for you. Every case is different, and, depending on your particular circumstances, the factors may intertwine together to result in an overall increase or decrease in your child support payment.
Here at Collins Family and Elder Law Group, our North Carolina attorneys are experienced in child support modification cases and can help walk you through all of the considerations you should make when determining whether it is in your best interest to seek a modification of child support. When taking into consideration the current economic environment and the high rate of inflation, it is important to be able to adjust, plan, and budget so you can meet your family’s financial needs. The North Carolina attorneys at Collins Family & Elder Law Group are here to help.
