Feb92026
Family Law Q&A Series

How do I file to change child support when I think the current amount is wrong? – North Carolina

Short Answer

In North Carolina, a child support amount set by a court order usually can be changed only by filing a motion in the existing case (often called a “motion in the cause”) and proving a substantial change in circumstances since the last order. A common way to show that change is that it has been at least three years since the last order and a new guideline calculation would change support by about 15% or more. The filing is typically made in District Court through the Clerk of Superior Court in the county where the case is pending, and the other party must receive proper notice.

Understanding the Problem

In North Carolina family law, the question is how a parent (or another legally interested person) can ask the District Court to change an existing child support order when the current amount seems wrong. The decision point is whether there is a legally recognized change since the last order that allows the court to revisit the number. The process usually starts by filing a request in the same court file where the current child support order was entered, then setting the matter for a hearing with notice to the other party.

Apply the Law

North Carolina courts can modify child support orders, but the court does not change the amount just because one party believes it is unfair. The moving party must file the proper motion and show that circumstances have substantially changed since the most recent child support order. Child support is generally calculated under statewide guidelines, and the guideline amount is presumed correct unless the court finds that using it would be unjust or inappropriate based on the evidence.

Key Requirements

  • An existing child support order: There must be a prior court order (including many consent orders filed and approved by the court) setting child support that the court has authority to modify.
  • A substantial change in circumstances after the last order: The party asking for the change must prove a meaningful change affecting the child’s needs or the parents’ ability to pay (for example, a significant income change, a meaningful change in the child’s needs, or a change in the parenting schedule that affects the guideline calculation).
  • Proper filing and notice in the correct forum: The request is typically filed as a motion in the cause in District Court, with proper notice/service so the other party has a fair chance to respond and prepare for the hearing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts indicate a parent is dealing with a child support issue and is considering custody rights as well. If there is already a North Carolina child support order in place, the path to change the amount is to file a motion in that same case and prove a substantial change since the last order, not simply that the number feels wrong. If the concern is that the guideline inputs (income, childcare, health insurance, or overnights) were incorrect or have changed, those are the kinds of facts that often drive whether a modification is available and what the new guideline number would be.

Process & Timing

  1. Who files: The parent (or other legally interested party) seeking the change. Where: District Court, filed through the Clerk of Superior Court in the county where the existing child support case is pending. What: A written motion in the cause to modify child support that identifies the existing order and states the substantial changes being claimed, along with updated financial information as required by local practice. When: After the change occurs; many cases are also reviewed when enough time has passed and the guideline calculation would materially change the amount (a common benchmark is a three-year-old order with a guideline result that differs by about 15% or more).
  2. Serve notice and schedule a hearing: The other party must receive proper notice/service under the applicable rules and local procedures. In many counties, the moving party also must coordinate a hearing date or follow local calendaring rules; timing can vary by county and courtroom availability.
  3. Prepare for the hearing and present proof: The moving party should be ready to prove both (a) what the baseline facts were at the time of the last order (especially if the prior order does not clearly state incomes/expenses) and (b) what the current facts are now. The judge may apply the child support guidelines using current information and will enter a new written order if modification is granted.

Exceptions & Pitfalls

  • “Wrong” is not the same as “modifiable”: If the issue is that the last order was entered with incorrect information, the remedy may depend on the specific procedural posture (for example, whether it is a true modification issue versus an attempt to revisit an old decision). Many situations still require proving a substantial change since the last order.
  • Voluntary income changes can backfire: A voluntary reduction in income—especially if it appears avoidable or in bad faith—may not support lowering support. Courts often focus on ability to earn and the reason for the change.
  • Missing the “baseline” proof: When the prior order does not spell out the key numbers (incomes, childcare, insurance, or other inputs), the moving party may need evidence of what those facts were then and what they are now to show a substantial change.
  • Parenting time changes can affect support, but require proof: If the parenting schedule has changed (or is being sought in a custody case), support may change depending on the guideline worksheet used. Without clear evidence of the actual schedule, the guideline calculation can be disputed.
  • Do not rely on side deals: Even if both parents agree to pay a different amount, the existing court order generally remains enforceable until it is changed by a new court order.
  • Notice/service problems: If the other party is not properly served or does not receive required notice, the court may continue the hearing or decline to act until the procedural requirements are met.

Conclusion

In North Carolina, changing child support usually requires filing a motion in the cause in the existing District Court case and proving a substantial change in circumstances since the most recent support order. The court generally uses the statewide child support guidelines with current information, and a meaningful difference in the guideline result (often discussed in practice as a three-year-old order with about a 15% change) can support modification. The next step is to file the motion with the Clerk of Superior Court in the county where the case is pending and ensure proper notice is given before the hearing.

Talk to a Family Law Attorney

If you’re dealing with a child support order that no longer fits the current situation, our firm has experienced attorneys who can help explain the modification standard, gather the right financial and parenting-time evidence, and map out the filing steps and timelines. 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.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.