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Updated 2/26/2022
What are reasons to reduce child support?
What are reasons that may raise child support?
Can my Ex and I agree to reduce my child support obligation without going to Court?That is a recipe for disaster. Only a Judge can modify a child support Order. Oral agreements between you and your Ex often are not enforced by the Court. If you two agree that is great- just make sure you file a motion with the Court and get the modification Order signed by a Judge! My child is now over 18- Should I file a motion to reduce my child support?Before you ever file a motion to reduce child support you should run the NC child support calculator to make sure your child support is not going to be increased. I have seen that happen! Every 4 years the guidelines amounts are usually adjusted up for inflation. Also your salary has likely increased in addition to health insurance expenses which tend to raise the guideline amount. If I have 2 kids and 1 child ages out will my guideline amount will be cut in half?No- child support does not get cut in half when one child ages out. The guideline formula is based on real world numbers in NC for an intact family and how much they spend based on their combined income and number of children. There is a certain fixed cost with the first child such as a roof, food, clothes, gas etc… When one child ages out often the guideline amount only goes down by 30%, and it can sometimes go up based on other factors if the Order is old and your income has increased. Once all children are aged out and high school graduates you may even have to file a motion to terminate child support, especially if you are under a garnishment order. I was just laid off- Does my child support obligation automatically stop?No – it continues to accrue at the Court Ordered rate until modified by the Court. That is why it is critical to immediately file to reduce your child support if you lose your job. Do not expect the Court to retroactively change your back child support for any time period before you file your motion. The longer your wait the bigger the arrearage is going to be by the time you get in front of a Judge. How to file a motion to reduce child support in NCIt only costs $20 to file a motion to reduce child support in NC. The paperwork is online or at your local Courthouse. Be aware some counties have local forms and instruction packets. Charlotte even has a self-serve center on the Third floor (limited hours). Don’t expect the Judge to have any sympathy for you because you could not afford to hire a lawyer. This office offers a $150 consultation fee to consult with a lawyer to get advice on what to do if you want to represent yourself in Court. Where do I file a motion to reduce child support?You usually file in the County where the Court Order is located unless parties have moved out of County or out of State. If this is the case it is usually best to consult with an attorney to determine your options. How do I find out how much money my Ex is making?You can request discovery such as pay-stubs, bank records, and tax records as part of your motion to reduce your child support. Child Support Enforcement Agency also has access to tax information via an individuals social security number. Is it worth filing a motion to reduce my child support if it will only slightly decrease?Filing a motion for a slight reduction may not be worth the effort as going to Court is time consuming and some judges require a 15% deviation before they will modify the support number. Also going to Court usually strains the relationship between parents and simply leads to more Court battles and arguments regarding visitation and future modification of child support. Can support be lowered if the child doesn't want to visit the non- custodial parent?There is still a duty to pay the full guideline amount of child support even if the minor child and/or parent refuse or withhold visitation. The rationale is the needs of the child are not lowered simply because visitation is not taking place. If the non-custodial parent is being denied visitation their remedy is to file a motion to hold the other parent in contempt for violating a court order on custody or visitation. If there is no order or custody or visitation then the non-custodial parent would need to file an action for custody or visitation. I was served with a Show Cause Order for failure to pay child support- Is it too late to reduce my child support?It is likely too late to change the arrearage that has already accrued, but you should still file a motion to reduce your future child support to keep the arrearage from getting any larger. Remember the Judge usually only has authority to modify FUTURE child support as of the date your file your motion.
130 Comments
Tiffany
8/11/2017 08:39:42 am
No.child support in seven months. He has abandoned my two son's for over five years. Domestic violence a part of why he isn't paying. He got fired from his job by his own fault and no unemployment was awarded. He's back to his game again lying about his pay and not making payments as the court order says. Now he's trying to reduce support obligation.to a quarter of what it Is now. He is capable able to make at the least what he was making before he was fired and probably is just lies but works for cash at his uncle's business. I've read all over the internet about this. Is it true that standing alone claiming he only make a quarter of what was last verified so can he modify to reduce with his word saying he make less money? It looked like he'd also have to prove what he makes with check bank account or something. Just another act of domestic violence And he want even file a tax claim cause he knows the money will come to my children. Can he get away with this. Concerned mom
Jason Witt
8/11/2017 09:50:35 am
It will be totally up to the Judge on whether to believe him on his income. It is hard to prove the income of people who make cash because they usually don't even know what they make. Will he have to produce bank records? Not if you don't send discovery asking for them. That being said, if he is smart he doesn't deposit cash into his bank account. Are you represented by Child Support Enforcement? You should speak to them about sending formal discovery asking for bank records, paystubs, W2's, tax returns, etc...
Brianna
8/19/2017 08:00:12 am
My ex recently chose to get out of the military to pursue a degree. We went to court and the judge still ordered him to pay the exact same amount because he was voluntarily getting out..He is trying to use him getting out of service as a crutch so he won't have to pay child support...When the judge asked what his plans were when it came to taking care of our child, the only thing he kept saying that he was just going to go to school & pursue a degree... No real answer as far as helping me take care of our child...Anyway, he's since filed a motion to modify the order... Is there a chance thr judge would modify the order thats already in place, or order that he find employment to help with expenses related to taking care of our child?
Jason Witt
8/19/2017 11:20:21 am
I would certainly argue that quitting a job to attend school when you have a child support obligation is "bad faith." You mentioned the Judge ordered him to pay the same at the last hearing- what was that court hearing for- establishment or did he already file a motion to modify once before?
Jennifer
10/2/2018 10:44:48 am
If a father is continuing to pay child support on 2 aged out children as well as paying child support on 2 children he came to agreement with his ex outside of court so there is no record of this in the court system. Could he show documentation of this to the court and potentially get his child support reduced? Would it be worth it or taking a gamble his child support could increase?
Jason Witt
10/2/2018 10:01:17 pm
That may be an option, but seeking advice over the internet for such a complex issue is not advised. Reach out to a local attorney for specific legal advice.
Whitney
1/6/2018 01:39:00 pm
There is no such thing as voluntarily getting out ither his contract ends or he gets kicked out. It sounds like your ex knew that with him getting out and no wanting to continue is a choice that’s made based off children. You’re ex realized the decrease in income he would be getting therefore decided to file a motion. The judge will look at the evidence supporting his motion to determine the next steps which could result in continuing child support payments regularly or stop the payments if the ex is unable to provide until he is employed. Once employed payments can start up again. You should discuss over with your ex his plans to support your child. Also think of it as such. If the courts stop the payments are you prepared to support the child without his support? It seems as though he’s going to school to get his degree in the career path chosen to support his child going further. Consider what sources you have to validate the reasoning for the motions as the judges have no sympathy for chosing to not support ones kid(s).
Jason Witt
8/28/2017 11:27:59 am
Discovery consists of written requests for answers to questions you have of for production of documents. MY advice is speak with a local attorney to assist you in preparing formal discovery. Attempting this on your own will not be easy. You can also Google "Request for Interrogatories" and "Request for Production of Documents" in NC to get an idea of what discovery should look like.
Kim
8/31/2017 06:56:34 pm
Do I have to file a motion to modify child support if the child has graduated from High School and is soon turning 18?
Jason Witt
8/31/2017 07:31:25 pm
You should always check the language of the order to see if child support automatically terminates under the order- sometimes it does, sometimes doesn’t. If you are under wage garnishment then you definitely need to do something such as file a motion to terminate or at least to talk to the caseworker to make sure no future garnishment occurs after support should stop because getting money back can be difficult to impossible.
Josh
9/5/2017 01:12:25 pm
Can I get in front of a judge faster if I use a lawyer or is it about the same if I do it myself?
Jason Witt
9/5/2017 08:47:32 pm
Hiring a lawyer is not supposed to get you on a docket faster, but the answer likely varies by county and trial court administrator.
Kay Burton
9/25/2017 09:23:06 pm
My ex has gotten married, receiving BAH, and claiming he has custody of our son on in order to get more (he told me this himself). When our original order was placed (a year ago) our son was almost 1, and did not attend daycare. He will now have to attend as I work and am back in graduate school. Can I request that he pay more based on he's getting paid way more now than the original order? Daycare is expensive!!!
Jason Witt
9/25/2017 09:54:26 pm
Work related child care expenses are a definite line item in the child support worksheets. You should run the NC child support calculator via the link on the "Child Support" page of this website. Im currently up for a 3 year renewal with CSE. Im the non custodial parent and thebcustodial parent left area with out giving no forwarding address to CSE or I. Im currently in school now with no employment but asked for a review. What are my chances for a reduction. Id like get my order lowered so i can get my arrears down.
Jason Witt
9/29/2017 04:18:24 pm
The Court generally does not modify back child support that accrued prior to a motion to modify being filed. Any arrearage accrued before such a motion is filed is often non-modifiable. You could certainly file a motion to modify your ongoing support amount. That being said, if you quit a job to go back to school I doubt a Judge Is going to be very sympathetic to reducing child support. At this point you should speak with a local attorney who knows your local judges and their tendencies on this issue. I went to court recently and my wife was awarded child support. I am in my children's life and see then 2-3 times every week and get them every other weekend as agreed with custodial parent. I did the calculations both of the percentage and basic formulas and both are off from what I am paying. I also carry the benefits for the whole family ($800/mo) and I am sure that wasn't calculated into the formula. The amount that I am paying is a lot higher that what came up on both calculations. Can I get somebody to take a look at this for me because I want to file a petition for modification as I personally feel that I was wronged in this situation.
Jason Witt
10/12/2017 05:23:20 pm
If you feel child support was calculated improperly you should immediately consult with a local attorney about filing a Rule 59 or Rule 60 motion. Be aware you have a limited window to do so or you may be stuck overpaying.
Theresa
10/13/2017 07:49:48 am
Why is it an automatic lawyers and judges side with the mom ? My sons wife whited around in him the whole 4 -5 years they were married . They lived near Charlotte NC because my son worked in. Nuclear plant. Had a great job made good money , She upped and moved to NC took the kids emptied the bank account and moved in with her aunt with the man " which was a druggie" then later moved in with her mom. Then somewhere else them to Summerville Sc with a different man the kids were in three different schools in one years time She has recently remarried but she does not nothing like taking them to dentist or doctor. Or eye doctor My son takes care of that when they are with him he pays her weekly in an amount they agreed on . They are legally divorced . He currently lost his job and he had no income since June but expecting to go to work within the next week or so but making less than half of what he was making in his last job . He is sending her money still . Most of the time they have relatives living in the same house with them and my grandson and granddaughter have to sleep in the floor or whoever is available " this was told by the grandson and granddaughter . In the last three. Years I have had to meet my so. To get the kids because she either had car trouble or a flat tire or just didn't want to drive the two hours to meet him . I just have never understood this law. Most dads are the better provider and caretaker . Most women just use this as an income so they don't have to work . Why????
Jason Witt
10/13/2017 08:46:48 am
There is no question that some judges are pro-mom. The reason mom often wins is because moms usually are the primary caregiver during the marriage or relationship. In the rare cases where dad was the primary caregiver he tends to win when it comes to custody.
Theresa
10/13/2017 12:32:41 pm
The only reason she could be considered primary caretaker was and still is because she is too lazy to work a public job they hardly brush their teeth at her home. Have no beds bathe seldom the dad takes them to eye Dr dentist and dr if they are sick He pays for any extracurricular things. Clothes. Shoes etc field trips at school when they lived together she didn't work but he did and he had to get up with the kids as babies during the night and come home and cook meals and wash dishes
Jason Witt
10/13/2017 12:39:08 pm
Not having a full time job or flexible work schedule can certainly give one parent a definite advantage in Court when it comes to custody. If you son wants to file a motion to change custody he should certainly consult a local attorney about his chances of success.
Pamela
10/13/2017 06:47:58 pm
If a man adopted his wife's daughter at a young age and she starts not wanting to go visit as much and never calls him unless she wants something (money ) if he gave up rights to her does the law still require him to pay the mom child support
Jason Witt
10/13/2017 07:07:53 pm
A parent has a duty to support their legal children regardless of whether they see them or not. If he were to have a Judge sign off on a termination of parental rights then he would no longer owe a duty of support.
I get my son every weekends. Last week I got him for the weekends. But when I tried to reached my Ex to drop him off but he refused to answer any of my calls. I drove to his house but no one was there. And I never get a call back from him, despite the fact that I left him numerous messages(via voice mail and text)
Jason Witt
10/21/2017 12:46:34 pm
You could certainly apply for a reduction if the job loss was not your fault. It will be up to a judge to determine whether or not there was bad faith on your behalf.
Thomas ringer
11/29/2017 10:31:58 pm
I have been paying 660 dollars for one child who is now 16 and have never modified my order. The mother was ordered for me to be avle to see my son half the year but she only lets me see him every other year for a summer. I have not always been able to pay that amount. I recently had a new baby and dont even make enough to barely support my new baby. That amount is more the over a qauter of my pay monthly. Will I be able to get my case modified? I have fell so far behind but have always felt they deserved it but i could never afford it. Now that I have a new baby and I am trying to hold a job and do the right thing by both my children it makes ot hard to hold a job when I cant pay my rent because of child support. Please help with my question!! Thank You.
Jason Witt
11/30/2017 12:10:00 pm
You should run the online calculator (link is on my child support page) with your new child and current income and determine if your new amount would be less than $660 per month. If so, then you should consider filing a motion to modify.
Laura Corsivo
11/15/2017 12:31:24 pm
The father of my only 2 children has custody, i pay child support. There is a daycare deviation but new knowledge of them having not attended or recieved daycare services in over 15 months was shared with me by him. He has denied me access to my childrens schools, daycares and social services departments that they have been involved with, therefore preventing me to obtain the needed information to determine termination of expences.
Jason Witt
11/15/2017 07:31:22 pm
The Courts usually will not take a personal check, but perhaps they will take a money order or cashiers check to _________ County Clerk of Court. If you want to issue a subpoena and don't have an attorney you will have to have a clerk sign off on your request, As you are finding out navigating the court system without an attorney can sometimes feel like Mission Impossible.
Laura Corsivo
11/26/2017 06:02:45 pm
Thank you so much, Sir. This process has been a circus. The scary clown kind, not the elephant rides and popcorn kind. I appreciate your time and could definitly use more of it.
Keva Hall
11/30/2017 08:31:07 pm
Hi, my husband recently lost his job due to illegal termination based on an injury he was still under doctor’s care for. Long story short, after a few months, went by workmans comp finally approved his weekly checks but it has brought his monthly income down about 30%. We are expecting another child in the next month. Do we need to petition for the reduction now and then petition for another once the baby is born? Or would it be better for us to petition for the reduction once the baby is born so that we are not going to court twice a month apart. From the calculator it looks as though the reduction just based on reduced income would be an $80 difference, but the calculation based on the reduction AND the additional baby would reduce the responsibility by $170. My question is, how long of a turn around time is it usually from filing a motion to modify and a court hearing, and is it possible to file initially based on the income reduction and then modify that motion to add in the additional child before the actual court date comes up? Thank you.
Jason Witt
11/30/2017 08:50:29 pm
Time from filing a motion to seeing a Judge varies dramatically by county, but you should expect at least a couple months delay, especially now during the holiday season.I would probably recommend filing your motion now and include language about another child on the way in addition to income decrease That being said, things vary by county and Judge and you really should consult a local attorney familiar with both.
Missy
1/19/2018 07:14:59 pm
My husband pays child support for his child he has with his ex. We are getting ready to have a baby ourselves and he will be adopting my son (from a previous relationship) in a few months and his job is on short time right now.
Jason Witt
1/20/2018 11:29:14 am
Two extra children and his lower income are certainly grounds to request a modification. I would suggest crunching the numbers now using the online calculator to see how much of a difference it would make before filing anything along with waiting until after the adoption.
Robert
1/24/2018 09:56:23 pm
My ex-wife makes almost twice what I make. When we split I agreed to pay child support, my lawyer told me I didn't have to. I wanted to. Now I am remarried and my mother and father in-law recently moved in with us. I could really use the extra money. We share custody 50/40 with her getting the 50. Do I have the right to change the support amount?
Jason Witt
1/25/2018 10:35:41 am
Have you run the online child support calculator to see if you are paying the correct amount? There is a link on the Child Support page of this website by clicking on the calculator.
Alyssa Laye
5/11/2023 11:11:39 pm
How long for a reduce pay motikn to go into affect after seeing the judge. The .otikn was approved, but I dont know when it will go into effect?
Jason Witt
5/12/2023 08:38:25 am
No Order is effective before signed by a judge and file stamped by the clerks office.
Michelle
3/8/2018 09:41:42 pm
My other half recently had his child support terminated due to his children living with him. If the mother decides to take them can the support order be reissued?
Jason Witt
3/9/2018 08:01:50 am
Whoever has the children can bring an action for support.
Denise Ash
3/9/2018 07:47:47 am
Is there a law on notifying the child support agency of an income increase for the custodial parent?
Jason Witt
3/9/2018 08:00:30 am
Not sure what you mean, but the child support agency has access to tax records and income data.
Andrea
3/20/2018 12:12:27 am
I have a child support hearing coming up in a few days. The father makes about twice what I make and I have the child all the time. I also pay 100% of the child care.
Jason Witt
3/20/2018 04:51:56 pm
So he has enrolled your child in daycare?
Shan
4/2/2018 08:54:06 am
My child support order is from Illinois. the father has two kids that have aged out of child support. I need to get my support raised since he is no longer paying for those two. What is the best way to go about this when the original order is in Illinois?
Jason Witt
4/2/2018 09:09:48 am
If your court order is in Illinois you would probably be best served contacting an attorney in Illinois about filing a motion to modify.
Kay
4/17/2018 02:22:38 am
My ex got out of the military, moved to GA, got married and now wants to modify (end) child support. Our son has special needs, so his need actually INCREASED and I work and pay for most things even with the CS. Since he does not get housing or any other allowances from the military any more, having to pay those things out of his paycheck plus the CS to me leaves him with little to no money each pay period. He purposely did not re-enlist or seek employment that would keep him from this bind despite advice from EVERYONE. Will he still be awarded a modification on a less than three year old order? Would he file for Modification here in NC where it was filed or GA? He has never been in our sons life (we broke up shortly after his birth) and I currently still live in the same county the order was filed in. I have proof of our sons increased needs and disabilities. Thanks in advance for your advice
Jason Witt
4/17/2018 09:48:47 am
If the order is in NC and the child lives in NC then any motion to modify should be filed in NC. Whether a Judge will modify the order based on reduced income (he will say involuntary and you will say willful suppression of income) is up to the Judge.
Christopher
4/18/2018 06:32:36 pm
I recently moved from Hawaii to Oklahoma. I am currently on active duty. Due to my Permanent Change of Duty station my pay will be reduced by almost $2400. I am currently paying $1000 for one child. Do I qualify to get a modification done for reducing my child support payments because of a significant change of income?
Jason Witt
4/18/2018 07:06:00 pm
Involuntary reduction of income is certainly a basis to file a motion to reduce child support under North Carolina law.
Lucius L Jones jr
7/23/2018 09:41:41 am
I have 3 kids two have aged out. Will my support go up or down if I'm making more than I was when I was initially placed on child support?
Jason Witt
7/23/2018 12:46:28 pm
That answer depends on several factors including your new income. Try running the child support calculator numbers- there is a link on the child support page of this website.
CBC
8/23/2018 09:06:23 pm
i heard that if a man has more than 10 children he will not pay child support. Is that true or how many children he must have before not paying child support? Are the children have to born in America or some can be overseas?
Jason Witt
8/23/2018 09:34:51 pm
NC child support guidelines state: "The fact that a parent pays child support for two or more families under two or more child support orders, separation agreements, or voluntary support arrangements may be considered as a factor warranting deviation from the child support guidelines."
J in NC
11/8/2018 09:33:22 am
Is alimony paid part of the calculation for gross income for either the paying noncustodial parent, or the receiving custodial parent? I have been divorced 13 months and paying both alimony and child support as ordered. The amounts for both were set on basis of my ex not having any job or working at the time, so their income was almost zero. However since then my ex has both been receiving my alimony, and also now gotten a full time job resulting in a significant income increase. I am considering making petition to seek to have the child support reduced based on my ex’s increased income, but I do not know if I can get credit for or count the alimony paid each month in my ex’s gross income calculation for purposes of child support?
Jason Witt
11/8/2018 11:46:03 am
If the other party is making more money since the entry of an alimony or child support award that could be a basis to modify both amounts. That being said, you should consult with a local attorney before filing anything with the Court.
Amanda
4/15/2019 04:55:24 pm
I was told that alimony could not be deducted or added to the child support calculator number in Union County? If it goes to court will that county all this?
Jason Witt
4/15/2019 06:17:48 pm
Here is the exact language from the guidelines. Don't forget either party can always ask to deviate from the guidelines.
Amanda
4/16/2019 09:18:26 am
It says "and alimony or maintenance received from persons other than the parties to the instant action." So would that not mean if you were the one paying alimony to the person you re-doing child support with then you could not include it in their numbers?
Jason Witt
4/16/2019 09:34:55 am
The logic likely is that the judge should have already considered child support when setting alimony.
Bryan L
12/27/2018 04:52:33 pm
Hey Mr. Witt,
Jason Witt
12/27/2018 05:19:46 pm
Would need more information to run the numbers. Have you tried the NC online child support calculator? There is a link on my child support page.
Sherice Wood
12/28/2018 02:55:47 pm
Hi Mr. Witt,
Jason Witt
12/28/2018 03:57:25 pm
Are there two different orders or just one? What county or counties are these orders from?
Kelly Kage
1/15/2019 01:53:21 pm
We are currently paying $697 to my husband’s ex for a 13 yr old. Mom has never been forthcoming with income and has worked jobs that have under the table income. We want to lower it to $550 but she will not agree. We have had a child since it was last filed, she has a well-paying job (she hasn’t given us information) and just received 90% disability from the VA. All of which drastically increases her income. She is not willing to budge and forcing us to go back to court. Unsure if it’s worth it, but she is using our money as fun-money to buy expensive things and go on trips and it’s infuriating when we have 3 kids under 5. Is it worth it?
Jason Witt
1/15/2019 02:38:17 pm
New child support guidelines were released January 2019- make sure your numbers will translate to lower support before filing a motion to modify with the court. I have seen people actually end up having to pay more because they did not properly estimate the guideline amount.
Samantha Gonzales
2/22/2019 03:27:28 pm
My 5 year old father has been on Childsupport since he was 6 months old but never has paid. He finally got a job that pays him checks and i finally recieved my first payment in February 2019. He filed a motion to reduce his 404 a month in Childsupport because he says he has a new baby on the way. I just want to know can he do that.
Jason Witt
2/22/2019 04:29:54 pm
He can certainly file a motion, but $404 a month is already pretty cheap and the guidelines were just adjusted up last month as they do every ~4 years. Unless he makes $12 an hour my guess is child support may not change much. Do you know his current income to run the new guidelines? There is a link to the online calculator on my child support page.
Lisa Lee
3/6/2019 03:56:13 pm
My ex has requested a child support modification. We were to have our documentation to the NC Enforcement agency by 3/1. I sent my paperwork in, but he didn't send in his income proof, to support the income he reported at the beginning of the process (even though he is the one who requested the modification). Will him not providing the requested supporting documentation by the due date affect the modification? Like if the due date isn't met, then the modification doesn't happen and he can't request another one for 3 years if there isn't a significant change in circumstances? Also, if the modification is on hold until he provides proof of income, and it takes him several months to respond to that request, and there is an adjustment to the amount I pay, do I have to pay the new amount back to the day that he requested the modification (which was 2/1/19) or when the judge signs off on the new support order? I pay $250 a month now. If that gets increased to $500/month, will I have to pay the additional $250 retroactive back to 2/1/19? Thanks
Jason Witt
3/6/2019 04:29:08 pm
A modification is generally backdated to the month after the motion was filed. Just because a modification is denied, does not mean the party has to wait another 3 years to request another modification. As far as not producing documentation in a timely manner delaying the case that is totally up to the local judge.
Mary C.
4/5/2019 06:56:36 am
My fiancé’s ex receives 604.21 a month. This was filled in California. She is remarried now and moving to NC. Can he request court order to reduce it since she will be in NC or should should she be notifing NC and have the child support out of NC? He is military and so is her new husband. What would be the chances of the child support increasing if he were to open this again?
Jason Witt
4/5/2019 09:10:36 am
First thing to do would be to run the NC child support calculator to see what the guideline amount would be- plenty of people have gone into court seeking a reduction only to have it raised. There is a link on my child support page to the NC calculator.
Jason Jenkins
4/19/2019 08:08:57 am
Child Support is killing me. I've been paying for 2 kids. 1 child gets 690.00 and the 2nd child gets 570.00 trying to get it reduce is it possible at making $18.00/hr. On other hand can I combine the two counties together? Thanks
Jason Witt
4/19/2019 10:09:24 am
Child support has several factors besides your income so a full analysis would be required to determine if a reduction is possible. Try running the child support calculator on my child support page.
Monica
5/10/2019 08:50:49 am
My child turns 18 in the middle of the month this summer. Am I required to pay the full monthly amount for support that month? Also, I am under an income withholding order (IWO). How do I make sure that stops? And how do I make sure my Voluntary Support Agreement terminates since the child turns 18?
Jason Witt
5/10/2019 09:20:00 am
You would have to review your order for termination language- you may need to take affirmative action either by filing a motion or reaching out to child support enforcement. Child support is often due in full on the first of each month so once again you would need to check your order and ideally consult with a local attorney.
Jennifer
8/10/2019 10:28:55 pm
Financial difficulties led to me taking money from a 529 that I was owner of... ex never contributed and his name was not on it. It was a supplementary 529, as children have a large acct by both parents as well. He is threatening me about his options etc to make me pay it back. I had no choice and paid the federal taxes and penalties. If I was the owner and child is a minor, can he do anything?
Jason Witt
8/11/2019 10:10:55 am
Is there a court order or contract such as a separation agreement that dictates how the money can be used?
Ronald Accardo
8/25/2019 08:49:19 pm
Hi I live in new York do so the laws may be different but I have a question about of my ex wife has a leg to starting on. We both have custodial custody of one of our two sons In Oct 2017 a court determined I owed her about 195 a week and she owed me about 160 a week since she made slightly less than me at that time. Thus I've been paying her $35 a week for about 6 years. So as of February 2018 my son that I have custodial custody of turned 21. Now for 18 months my ex wife never bothered to take me back to court to have her obligation ended so I've still been paying her $35 a week up till now. As of yesterday I got served a notice to appear in court September 10 because now my ex wife wants to me to more AND wants retroactive dating back to February 2018 when my son turned 21. I have no idea why she waited till now but is it fair I could now be on the hook for thousands?
Jason Witt
8/25/2019 09:28:48 pm
If the current order is from New York you would need to speak with an attorney licensed in NY for legal advice. It is considered unauthorized practice of law to provide legal advice if not licensed in that state.
Anonymous
10/23/2019 01:19:43 pm
My husband has a child from a previous relationship and has court ordered child support payments. Since this order, my husband and I have had a child of our own and have a second one on the way. Will he be able to get a deduction in the amount he pays each month to his ex now that we are about to have two babies? Will it be significant? Not only that but we have recently moved across the country. Will we have to fly to NC to get all of this handled? Or is it as simple as filling out a form, submitting it, and waiting for approval or denial? Thank you
Jason Witt
10/23/2019 01:39:58 pm
Having more kids certainly can impact the child support numbers. First step would be to crunch the numbers using the NC child support calculator, assuming this is a NC order. There is a link to the calculator on my child support page. You may have to estimate the income of the other parent along with health insurance premiums. If the other parent wants to oppose a reduction then your husband will likely have to appear for a hearing in the county of the order.
Jen
1/9/2020 09:17:03 pm
My daughter will be 17 in September, but starts college in August and will be living in the dorm. Can this affect child support?
Jason Witt
1/9/2020 10:43:15 pm
Child support generally continues until the child turns 18 unless the child is emancipated. You would need to speak with a local attorney for guidance on how your local judges would view the situation. That being said, if the other parent is still providing financial support to your daughter in college and she comes home on holidays/summer that could be an uphill battle to terminate support before age 18.
Chris
1/22/2020 06:35:04 pm
I'm about to have another child, can I get my child support lowered?
Jason Witt
1/22/2020 07:09:29 pm
Having another child could be grounds for a reduction, but you should run the updated income figures via the current child support calculator- there is a link on my child support page. Many people have filed hoping for a reduction only to see their obligation increase due to increased income or the fact that new guidelines are released every 4 years that are adjusted up for inflation.
Kris
3/8/2020 05:36:03 pm
If I get fired from my job for excessive absenteeism due to a Diabetes flare ups and can't immediately find a job, would I have a decent chance of having my monthly payments reduced with zero personal income? What if I were to quit before I got fired?
Jason Witt
3/10/2020 12:18:25 am
Do not quit- that would scream bad faith.
Duane Johnson
4/2/2020 01:28:15 pm
My job cut my hours and I'm making less money at my new job compared to my last job that the current amount is based on and she has a new job, not sure how much she's making. How can I get my child support lowered?
Jason Witt
4/2/2020 02:56:43 pm
You would need to file a motion to modify support based on a substantial change of circumstances. There is a link to such a motion in the blog post above.
Kristen
4/15/2020 07:15:34 pm
My ex has had his pay cut by 20% because of the virus. The pay cut is probably temporary. If he gets a motion to lower his child support would it then fall back on me to go back to court if his pay goes back up to the normal amount?
Jason Witt
4/16/2020 03:34:28 pm
Since there is no regular court until June 1 at the earliest then he may already be back to his regular pay before any hearing. That being said, if lowered then there would have to be another hearing or review to increase it again.
David
7/16/2020 09:14:17 am
I recently lost my job due to. We do not have a court agreement, but have a signed separation document we used to determine child support. The document specifically outlines a change to child support if either parent loses their job within 15 days of a written request. When recalculating, do I just choose my income to be zero? Or do I impute income based on what I was earning before? I am still waiting to hear from unemployment
Jason Witt
7/16/2020 01:59:02 pm
I would recommend having a lawyer review your separation agreement to ensure compliance.
Sara
8/3/2020 07:39:12 am
My husband pays child support in two different states, one being North Carolina. The courts in North Carolina never deviated from the guidelines. These two children are separate orders, not from the same mother. If we file for modification, is asking for a deviation enough or does there need to be a change in circumstances? The order was put in place less than 3 years ago and since then my husband and I got married and have a new baby on the way. He plans to take FMLA for 3 months when the baby arrives which will put him behind in payments. I would also like to add that the custodial parent had a significant increase in income and lied about cost of extraordinary expenses, which was tacked into arrears since last modification. The expenses were for braces that the insurance company paid. My husband works 40 hrs a week at his job for the last 10 years and is physical labor. He doesn’t want to quit because other jobs pay less, however he is worried about injuries because his body is getting worn out. Any advice? With both child supports in place he doesn’t make enough to even pay any of our bills, just his car expenses like gas and a small car payment... so basically he is supporting two other women who are both remarried and have other children that they included on the orders. Any suggestions here?
Jason Witt
8/3/2020 10:33:12 am
The other party making more money could help or hurt based on the guidelines. I would recommend speaking with a local attorney and running several guidelines calculations to determine all possible outcomes before filing any motion to modify.
Jessica
9/26/2020 08:55:40 pm
My sons father taking me to court to reduce his child support. My child has autism as well. His excuse is he pays child support to one of his children mother of $200. Which I know to be a lie and said I lied about how much I made. His other reason because he had another child but he does t do anything for this child. How do I prove he’s not paying the $200 for this other child and is it possible my child support could decrease.
Jason Witt
9/27/2020 02:39:12 pm
For specific legal advice you would need to consult a local attorney who knows whether your local judges will be receptive to his arguments.
Karren Purvis
10/29/2020 08:23:19 am
Under my current child support, monthly support ends at age 18. Child lives with me full time and has no overnights father. Having virtual school has caused extra expenses and she will still be in high school when she turns 18. How do I extend support until she graduates?
Jason D Witt
10/29/2020 12:05:03 pm
You should have a local attorney review your current order as any NC court order should state that child support continues until age 20 if the child is still in high school.
thad Peach
2/16/2021 12:14:45 pm
Under my current child support agreement I have the amount deducted and deposited into ex spouse bank account each week. The state of NC has nothing to do with my deposits each week. The child support agreement. No payments ever missed. I remarried about 3 years ago and my child refused to come see me because of my new wife and her 2 kids which he has never seen by the way.. He recently told me he graduated high school early last month (Jan). He turns 18 in March of this year 2021. Does the support end when he turns 18? or the January graduation date? I see conflicting information stating which ever comes first as a reference but doesn't list NC laws. My attorney wants paid for answering my question.
Jason D Witt
2/16/2021 12:20:43 pm
Child support never ends before age 18 in North Carolina unless the child is emancipated.
Shelley
8/4/2022 02:01:58 pm
My ex is trying to reduce his child support on 3children(2have aged out) thru CSE. He has not paid child support in six years, is $123,000 in arrears, has a current order for arrest out for not paying child support and I am being told my child support enforcement that they can do this for him and he does not have to appear in court. Is this true? He currently has a job making more money than when his child support was first calculated six years ago. What is the law regarding the situation?
Jason Witt
8/4/2022 03:59:15 pm
I guess if Child Support Enforcement is representing you they can grant him an accommodation they want. You should ask that they not agree to reduce anything or at least keep the monthly payment the same and have the difference go towards the arrearage. If you don't think that CSE is looking after your best interest then I would recommend employing you own private counsel.
Mel
9/9/2022 07:02:35 pm
Will a written, notarized ‘voluntary support’ document hinder my ex from claiming child support? We have a signed document that states how much I will pay per month over the next 3 years and we both signed it. Will the judge honor the signed ‘voluntary support’ document?
Jason Witt
9/9/2022 08:24:15 pm
For specific legal advice you would need to have a local attorney review the document.
Jason
11/14/2022 03:01:40 pm
Trying to figure out where to start a modification for support. The order was awarded in NC and the ex and child moved afterwards to Colorado. I have since moved to Florida and the child will age out and graduate in May 2023. Do I need to return to NC? Can I submit it online? Should I get a FL or NC Attorney to assist? Should I wait till graduation or can I submit it prior?
Jason Witt
11/14/2022 04:29:59 pm
What county is this Child Support Order from in North Carolina?
Jason
11/14/2022 06:54:46 pm
Cumberland County, in 2009, I am now retired Army.
Jason Witt
11/14/2022 07:06:38 pm
I would recommend reaching out to an attorney in that county as how best to proceed.
Sarah nelson
12/24/2022 09:54:24 pm
My fiancé pays 400 a month in support and is having his children being held from seeing him. He has been punched by his exes new husband. They have sent a message to his mother asking if he was dead. I’m afraid now they are not gonna let them see us for another year.
Jason Witt
12/25/2022 08:20:44 am
Is there a court order on custody or visitation? If so, he needs to file a motion for contempt, if not he needs to either file a custody or visitation action.
Sarah
12/27/2022 09:47:33 pm
There’s is no order for either so should we file for partial custody snd visitation or either one cus this has been a king five years of threats. Domestic violence and drama
Jason Witt
12/28/2022 08:53:37 am
He should speak with a local attorney to fully explore all his options in detail as what county you are in can make a major difference.
Jason Witt
1/28/2023 09:42:17 am
Sure- child support and visitation are not related.
Nige
2/22/2023 06:49:31 am
My child is 19 going on 20 in July, doesn't lice with mom or myself (and hasn't for "years") and I am still paying child support in NC. At what point do I submit for a modification/termination?
Jason Witt
2/22/2023 08:26:13 am
Is the child still in high school?
Miles
4/21/2023 07:21:46 pm
My ex that I pay child support to (orders from Onslow county, North Carolina) is now incarcerated in Kentucky for child abuse for the next several years. I now have temporary joint custody with the Aunt, that will become full physical custody in July this summer. New Custody orders from Kentucky state the support obligations between me and aunt.
Jason Witt
4/21/2023 07:43:10 pm
Sounds like you need to file a Motion to Modify Child Support ASAP.
Miles
4/21/2023 07:55:12 pm
Wow, Thank you for the quick response. I found this form. Is this something I can do myself or only an attorney in NC?
Jason Witt
4/22/2023 09:34:08 am
You can represent yourself, but speaking with a local attorney before going to court is always a good idea.
Josh Powell
4/25/2023 11:33:03 am
My ex paid out a large bill for braces for my child just a few weeks before her 18th birthday. I'm filing a modification for child support in order to just pay for one child now. Given that my ex did not tell me about the need for braces and did not give me the option of monthly payments, I'm wondering if I am required to pay the entire bill. Orthodontics bills are paid in advance of treatment and the treatment is 9 months in length.
Jason Witt
4/25/2023 11:55:23 am
If the issue is not clear under your current order it may have to go in front of a judge to decide the issue.
Josh Powell
4/25/2023 01:57:46 pm
I received a very different response from a different forum:
Jason Witt
4/25/2023 02:40:09 pm
Different judges often make different decisions with the exact same facts. Bottom line- your local judge has the last word unless you appeal to the Court of Appeals.
Hanzie
9/26/2023 03:34:24 pm
My child support was calculated including overtime. I work at a prison and have been assaulted multiple times. I am basicly always afraid at work. Anxiety and PTSD diagnosis from my doctor has discouraged overtime. Will a judge lower my child support obligation if overtime affects my mental health?
Jason Witt
9/26/2023 03:41:44 pm
Do you latest pay stubs reflect less overtime? If you go into court and say you want to work less that probably will not go over well with most judges. The other concern you need to have is that they adjust the guidelines up for inflation every ~4 years meaning if you last calculation was based on old guideline numbers you could actually have your obligation raised even if nothing else changes. That being said, everything is up to your local judges so you would need to speak with a local attorney for specific legal advice on your specific case. Your comment will be posted after it is approved.
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