Below are some frequently asked questions about Modifications:
What conditions qualify for a post-divorce agreement modification?
Agreements made during a divorce such as alimony (spousal support) or child support payments may require updating over time.
Whether you’re seeking a modification to an alimony or child support agreement, the court will require that something significant has changed in order to grant the modification. Acceptable reasons for a post-divorce agreement modification by the court include:
- Relocation of either parent or former spouse to another county in North Carolina, state, or country
- A change in job status, including job loss, promotion, or a new job
- Remarriage by the spouse receiving spousal support
- An increase or decrease in income by either former spouse or parent that constitutes a significant change in income
- For child support modification, any significant changes in the child’s needs
When can I request a child support modification in North Carolina?
Remember that child support is not for the benefit of the receiving parent but for the child. The court is extremely strict about what modifications you can make to your child support agreement and when you can make modifications. Our Wilmington family law attorneys can review your case to advise you, but generally, North Carolina will only allow modifications to child support when:
- Three years have passed since the child support order became effective, and the proposed modification would change the payment amount by 15% or more
- The child’s medical or developmental needs have changed
- The payor parent’s income has changed significantly
- The physical child custody agreement has changed
How can I qualify for a reduction in my support obligations?
If you pay child support, you may qualify for a reduction in your payment amount if you lose your job, experience financial hardship, become disabled, or go to jail. For example, if you receive Supplemental Security Income (SSI) benefits for disability, you will likely qualify for a reduction in your child support responsibility.
How can your Wilmington divorce attorney help me in my post-divorce modification case?
A divorce modifications lawyer with Speaks Law Firm, PC Family Law Division can help you compare your current situation to your reported income and other factors when the court established your alimony or child support payments. This post-divorce agreement modifications lawyer can help you file the correct petitions with the court to request a modification. Call us at Speaks Law Firm, PC Family Law Division at (910) 769-7339 in Wilmington, NC, to schedule a case review.
Speaks Law Firm, PC Family Law Division
300 N. 3rd St. Suite 310
Wilmington, NC 28401