Charlotte Modification Lawyer

Charlotte Modification Attorney

In life, circumstances often change. If you or your ex-spouse has experienced a significant change in circumstances, you may need to request a modification of the amount of child custody support you are either receiving or paying. A Charlotte modification lawyer can provide answers to all of your questions surrounding modifying your child support payment.

Child support is needed to provide for children and ensure their well-being when parents separate or divorce. In North Carolina, it is possible to request a modification due to certain circumstances. In North Carolina, your attorney will file the request for modification in the county where the child lives.

The lawyers at Butler, Quinn & Hochman, PLLC, have years of combined experience in handling family law issues. Child custody modification cases can be complicated and also encompass an emotional element. Our skilled lawyers possess not only a thorough understanding of family law but also compassion for the clients we represent.

What Change in Circumstances May Warrant a Modification to Child Support?

If you are requesting a modification of child support payments, the court will consider the circumstances leading to the request, and you will need to provide relevant evidence. The request will not automatically be granted. Often, a request may occur due to the following reasons:

• Substantial change in income that includes both an increase or decrease in the salary of the parent paying child support may result in the need to modify payments. If you experience an involuntary period of unemployment or see a significant reduction in salary, you cannot stop paying child support. You must file a request to have the payment modified.
• When parents make changes to their custody or visitation agreements, a modification to child support may be warranted. If one parent is awarded primary custody, the other parent may need to pay increased child support. A shared custody agreement or increased visitation time may result in an adjustment to reflect the amount of time each parent spends with the child.
• Circumstances that significantly impact the needs of the child are also considered when seeking to modify child support payments. This could include developing a medical condition or disability that requires extensive treatment or care.Educational needs are also considered such as enrollment in private school, the cost of costly extracurricular activities, or the need for tutoring may be considered. As children get older their expenses tend to increase and additional funds may be needed to provide transportation and other school-related or lifestyle activities.

• North Carolina periodically reviews and updates the child support guidelines to reflect the current economic condition and other factors. When the guidelines are revised, the amount of child support paid or received may be impacted. Either parent can request a modification based on the updated standards.
• A modification may be needed if the cost of healthcare expenses changes. If the child develops a condition that requires increased medical treatment, the cost of healthcare may significantly increase. If one parent is responsible for paying medical bills, the amount of child support may need to be adjusted to factor in the increased expense.

Out-of-pocket medical expenses, such as co-pays, prescriptions, or treatments, can account for an increased cost that may need to be considered when modifying the child support amount.

What Is the Three-Year Review for Modification in North Carolina?

In North Carolina, parents receiving or paying child support may request a child support review every three years. This process allows parents to ensure that the payment is in line with the circumstances of both parents and the child. If no significant changes are noted, the payment amount may remain the same.

Child Support Services (CSS) will request a modification based solely on a change of at least a 15% difference (increase or decrease) since the last review or modification.

FAQs

Q: How to Win a Custody Modification Case in NC?

A: To have a favorable outcome in a custody modification case, you will want to hire a skilled Charlotte modification lawyer who will have in-depth knowledge of the family court system and the complexities of these cases. Your attorney will file a Motion for Modification of Custody with the court in the same county where the child lives. In Charlotte, this would occur at the Mecklenburg County Family Court located at 832 East Fourth Street, Charlotte.

Q: How to File a Motion to Modify Custody in NC?

A: A motion to modify custody may be requested when a change of circumstances impacts the child or the parents. Your attorney will need to file a Motion for Modification of Custody in the county where the child currently lives. If the existing custody order was issued by another state, and one parent still lives in that state, then a petition must be filed there. The parent filing the modification request must provide a copy to the other parent.

Q: How Do I Request a Child Support Modification in NC?

A: In North Carolina, either the parent paying or receiving child support may request a modification. For a modification request to be successful, you must demonstrate a considerable change in circumstances. An attorney can help navigate the complexities of pursuing a child support modification case by explaining the legal requirements and handling communication and negotiations with the other parent.

Q: How to File a Motion for Modification?

A: In order to request a child support modification, you will need to complete specific documents and provide evidence to support your request. Your attorney will assist you with completing the documents and ensuring that everything is properly filed. The following forms may be required:

• Motion to Modify Child Custody
• Custody Mediation Information Form
• Petition to Proceed as an Indigent
• Family Court Notice
• Domestic Civil Action Cover Sheet
• Affidavit as to Status of Minor Child
• Affidavit Regarding: Servicemembers’ Civil Relief Act

Talk to an Experienced Charlotte Modification Lawyer

At Butler, Quinn & Hochman, PLLC, our attorneys understand that child support disputes can be an emotional and complicated process. If you need to modify your child support payments, you want a compassionate and knowledgeable lawyer on your side advocating for the FIX results for you and your children. Contact the office to schedule a free consultation.