Dec112025
Family Law Q&A Series

What happens at a child support review when we share equal custody and my income has changed? – North Carolina

Short Answer

At a North Carolina child support review with 50/50 physical custody, the court or child support hearing officer recalculates support under the state Child Support Guidelines using both parents’ current incomes and the shared custody worksheet. A recent job loss or income drop is considered a change in circumstances, but the court looks at whether that change is real, substantial, and not in bad faith. Unemployment alone does not automatically hurt custody, but the judge may look at efforts to find work and ability to meet the child’s needs.

Understanding the Problem

The narrow question here is: in North Carolina family law, what actually happens at a child support review when parents have an existing 50/50 custody order and one parent’s income has changed because of a recent job loss or other employment change? The concern is how the court or child support hearing officer will adjust the support amount, and whether the unemployment or reduced income can be used against a parent in the support calculation or in later custody discussions. The focus is on an upcoming review or hearing to adjust wage withholding based on equal custody and changed income.

Apply the Law

North Carolina law requires child support to be set using statewide Child Support Guidelines, which include a specific worksheet for joint or shared physical custody. Support orders can be modified when there is a substantial change in circumstances, such as a significant change in income or in the child’s needs. The main forum is usually the district court, often through a child support hearing officer in districts that use an expedited process, and any change has to be requested by motion or through the child support agency.

Key Requirements

  • Existing order and 50/50 custody: There must be a current North Carolina child support order, and the parenting schedule must qualify as shared physical custody (the child spends substantial overnights with each parent, typically close to half the year).
  • Substantial change in circumstances: The party requesting a change must show a material change since the last order, which can include a significant and generally involuntary change in income or employment.
  • Guideline-based recalculation: The court or hearing officer recalculates support under the Child Support Guidelines, using the shared custody worksheet and up-to-date income, childcare, and insurance information, unless someone properly requests and proves that a deviation from the guidelines is appropriate.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Under the facts described, there is already a 50/50 custody order for an infant and a scheduled hearing to adjust withholding. That means there is an existing support order and the case is in the review or modification phase. A recent termination is the type of income change that can be a “changed circumstance,” especially if it was not voluntary and significantly reduces earnings. At the review, the court or hearing officer will look at current income (including any unemployment benefits), the shared schedule, and existing expenses, then run the shared custody worksheet to see what, if any, support should be paid between the parents. Unemployment by itself does not prove a parent is unfit or should lose time, but the court may pay attention to job-search efforts and overall stability if custody becomes contested later.

Process & Timing

  1. Who files: Usually one parent, or the county child support agency in a IV-D case, files a motion to establish or modify child support based on changed circumstances. Where: In North Carolina District Court in the county with the existing custody/support case, following the procedures in N.C. Gen. Stat. § 50-13.5. What: A motion to modify child support (often on a standard AOC form) plus updated financial affidavit, recent pay stubs or proof of termination, and information on health insurance and childcare. When: Any time after a substantial change occurs; many guideline-based orders are reviewed when a three-year gap and at least a 15% potential change in support can be shown, but a clear recent job loss can justify earlier review.
  2. At the hearing, which may be in front of a child support hearing officer under N.C. Gen. Stat. § 50-36, each side provides income documents, proof of childcare and insurance costs, and the number of overnights for the shared schedule. The officer applies the Child Support Guidelines using the shared custody worksheet and announces or issues a written recommendation/order. Timeframes vary, but the hearing usually occurs on the noticed court date, with an order soon after.
  3. If a judge must review or if a party objects or seeks deviation from the guidelines, the matter can be set on a judge’s calendar. The judge can confirm or modify the amount, and will enter a written order stating whether the guidelines amount is used or why a different amount is ordered. Once entered, the order controls ongoing wage withholding until there is another modification.

Exceptions & Pitfalls

  • Voluntary vs. involuntary unemployment: If the court believes a parent intentionally reduced income to avoid support, it can “impute” income based on earning capacity instead of actual unemployment, which can increase the calculated support.
  • Incomplete financial records: Failing to bring proof of income, unemployment benefits, or job loss can frustrate the court and lead the decision-maker to rely on older, higher income figures.
  • Deviation from the guidelines: If a parent wants support set above or below the guideline amount (for example, due to unusual expenses or the precise 50/50 schedule), that parent must give advance notice and be ready with evidence; otherwise the court usually applies the guideline number without detailed findings.
  • Custody not automatically at issue: A routine child support review does not automatically reopen custody, but serious allegations raised at or around the hearing may lead one parent to file a separate motion to modify custody under N.C. Gen. Stat. § 50-13.7.
  • Withholding and enforcement: Once a new order is entered, wage withholding and enforcement tools under North Carolina law continue or adjust; missing payments after a change can still result in contempt or garnishment, even if the paying parent is between jobs.

Conclusion

In a North Carolina 50/50 custody case, a child support review focuses on recalculating support under the Child Support Guidelines using the shared custody worksheet and each parent’s current earnings, benefits, and expenses. A recent job loss or income change can justify modifying support if it is substantial and not in bad faith, but it does not automatically change custody. The practical next step is to file, or respond to, a motion to modify support with full, current income documentation before the scheduled hearing date.

Talk to a Family Law Attorney

If a child support review is coming up in a 50/50 custody case and income has recently changed, our firm has experienced family law attorneys who can help explain the guidelines, prepare financial records, and represent parents at the hearing. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.