Can I ask the court to change my child support amount if my income or the other parent’s income has changed? – North Carolina

Short Answer

Yes. In North Carolina, a child support order can be changed, but only by filing a motion with the court and proving a substantial change in circumstances since the most recent child support order. A meaningful change in either parent’s income can qualify, but the court looks at the full picture, including the child’s needs and each parent’s ability to pay. The new amount usually cannot go back earlier than the date the motion to modify is filed.

Understanding the Problem

In North Carolina child support cases, the question is whether a parent can ask the court to adjust an existing child support order when income changes. The decision point is whether the income change is significant enough, and connected enough to support, to justify a court-ordered modification. The request is made in the same case where the current child support order was entered, and the timing of filing matters because it affects when any new amount can start.

Apply the Law

North Carolina allows a court to modify a child support order “at any time” if the moving party files the proper motion and shows changed circumstances since the most recent order. In practice, the change must be substantial, not minor or temporary. Courts often evaluate current incomes under the North Carolina Child Support Guidelines and compare them to the existing order, but the moving party still must prove the required change and provide evidence of what has changed since the last order.

Key Requirements

• Existing court order: There must be a current child support order in place that is being modified (not just an informal arrangement).
• Substantial change since the most recent order: The change must be meaningful and must have happened after the last child support order was entered (for example, a significant involuntary income drop, a significant increase in the child’s needs, or a major change in the parenting schedule).
• Proper motion and proof: The parent asking for the change must file a motion in the cause and be prepared to prove both the “before” circumstances (at the time of the last order) and the “now” circumstances (current income/expenses and guideline factors).

What the Statutes Say

• N.C. Gen. Stat. § 50-13.7 (Modification of order for child support) – Allows modification of a child support order upon motion and a showing of changed circumstances.

Analysis

Apply the Rule to the Facts: The facts provided indicate a parent is seeking representation about child support. Under North Carolina law, the key question is whether there is an existing child support order and whether either parent’s income has changed in a way that is substantial since the most recent order. If the income change is significant (and supported with pay records, tax documents, or other reliable proof), that can support a motion to modify, but the court will still evaluate guideline factors and the child’s needs. Any change generally starts no earlier than the filing date of the motion to modify.

Process & Timing

1. Who files: Either parent (and sometimes an interested agency in certain cases). Where: The Clerk of Superior Court in the county where the child support case is pending (typically District Court). What: A “Motion in the Cause to Modify Child Support” (local forms and filing requirements vary by county). When: As soon as the substantial change happens, because the effective date often tracks the filing date.
2. Service and hearing: The motion must be properly served, and a hearing date is set. Many counties require updated financial affidavits and supporting documents (pay stubs, tax returns, proof of childcare/insurance costs) before the hearing.
3. Order entered: If the judge finds a substantial change, the court enters a new child support order. The court often has discretion to make the new amount effective as of the motion filing date (for amounts coming due after that date), but the court is not required to do so.

Exceptions & Pitfalls

• Informal agreements do not change the court order: Even if both parents agree to a new amount, the existing order usually remains enforceable until a judge signs a new order.
• Voluntary income changes can backfire: If income drops because of a voluntary job change or reduced hours, the court may decide the change does not justify a lower support amount, especially if the facts suggest bad faith or avoidable underemployment.
• Proof problems: A parent seeking modification may need evidence of the prior baseline (income and key expenses at the time of the last order) and current numbers. If the last order does not clearly state those figures, extra preparation is often needed.

Conclusion

Yes—North Carolina courts can change a child support amount when there has been a substantial change in circumstances since the most recent order, which can include a significant change in either parent’s income. The request must be made by filing a motion to modify in the existing child support case, and the parent requesting the change must prove the “before” and “after” circumstances. The most important next step is to file the motion promptly, because the new amount generally cannot start before the motion is filed.

Talk to a Family Law Attorney

If you’re dealing with a child support order that no longer matches the parents’ current incomes, our firm has experienced attorneys who can help explain the modification standard, gather the right financial proof, and map out the timeline. 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 your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.