How Often Can You Check an Ex-Spouse's Income for Child Support in North Carolina?

By Kay Lee

Child support is awarded to a custodial parent to assist with the expense of raising a child. The non-custodial parent is legally obligated to pay once a court has ordered it. Although the court makes a determination on the amount of child support at the time child support is awarded, the order can be modified at a later date due to a change in circumstances, such as when an ex-spouse’s income increases.

Amount of Child Support

When initially setting the child support order, North Carolina courts are required to utilize state guidelines that set forth a mathematical formula for calculating the amount of child support. The factors that are used in this formula are the gross monthly income of both parents, cost of health care, child care expenses and other expenses related to raising children. If either parent earns above or below a certain amount or there is another good reason, the judge has limited discretion to make an order outside the guidelines.

Automatic Review

The North Carolina Child Support Enforcement program reviews child support orders every three years if the custodial parent is receiving any type of public assistance. In addition, either parent may request a review of a child support order enforced through CSE every three years.

Protect your loved ones. Start My Estate Plan

Substantial Changes

A parent may request a review by CSE if there has been a substantial change in circumstances that affect the child. The court will review each parent’s present income and assets as well as the needs and expenses of the child to determine what, if any, modifications should be made to the child support order.

Changes in Income

A mere change in income is not sufficient to request a review. However, if either parent’s income changes by 15 percent or more after the child support order is set, the child support order may be revisited. This change can be positive or negative.

Protect your loved ones. Start My Estate Plan
How a Non-Custodial Parent Can Reduce Child Support Payments
 

References

Related articles

How Often Can a Person File for an Increase in Child Support After the Divorce Is Final?

Generally, a judge orders child support payments in your divorce decree based on your family’s situation at the time of your divorce. Procedures vary according to state law, but courts can modify child support orders when a family’s situation changes, perhaps when one spouse receives a significant increase in income or the custody arrangements change.

Can Child Support Go Up When a Spouse Makes More Money in California?

Child support orders are not permanent, but instead adaptable to particular changes of circumstance. In California, the modification process begins with a petition to the court and the judge will look to whether a material change in circumstances has occurred, with enhanced wealth typically qualifying as such a change. However, it is important to understand that increased income is only one factor of many the court will take into consideration when determining whether or not to increase support.

Can You Change Your Divorce Five Years Later in New York?

Whether you have been divorced for five years or five months, you may ask the courts in New York to modify your divorce decree if circumstances have substantially changed since the time of your divorce. When it comes to child and spousal support, the court considers changes in the financial situation of the spouses. For modification of child custody, the court also considers whether or not changing the custody order is in the best interests of the child.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

Alabama Laws on Child Support & the Restart of Child Support

Child support in Alabama is usually determined in a straightforward manner. As in many other states, Alabama uses the ...

North Carolina Modification of Child Support Laws

When North Carolina courts enter divorce decrees, they address topics such as child custody, child support and property ...

Kentucky State Laws on Child Support Collection

When parents separate or divorce, the parent who does not have primary custody of the children will be required to pay ...

How to Determine Child Support Amounts in Kentucky

Kentucky uses what is known as an Income Shares model for calculating child support. This model attempts to recreate ...

Browse by category
Ready to Begin? GET STARTED