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Do You Need a Modifications Lawyer in North Carolina?

When you divorced, you and your ex-spouse may have agreed on key points like child support, spousal support, and custody. But what if your situation has changed? A divorce modifications lawyer helps you to adjust the terms to fit with the capabilities of both ex-spouses.

Maybe you’ve had to take a lower-paying job and can’t afford to pay as much support. These strains on your budget can affect many areas of your life as you try to meet your responsibilities. Maybe you are moving out of state and need to change your custody arrangement.

Whatever your needs or circumstances, our skilled family law team will speak for you. Contact us today to schedule a case review with an experienced North Carolina family lawyer to discuss post-divorce modifications.

Facing Complications After Divorce in North Carolina?

There are a variety of scenarios that may lead you to seek modifications to your agreements or orders in North Carolina. We are prepared to assess your situation and help you seek a more appropriate arrangement with your ex-spouse.

Call our legal team if:

  • You are currently paying alimony to your ex-spouse, but you believe they are cohabiting with a new partner
  • You are moving away and you need to petition the court to modify your custody order
  • You’re struggling with your current child support arrangement because of unemployment, pay cuts, or urgent essential expenses
  • You seek to change a custody arrangement because you believe your co-parent doesn’t provide proper care for your children.

Understanding Child Custody Modifications in North Carolina

North Carolina family law courts will always treat the child’s best interest as the primary consideration when deciding on any modifications in child custody or visitation orders. Any request to modify custody must rely on a substantial change in circumstances that didn’t exist, or that you weren’t aware of, at the time the court issued your initial custody order.

For example, you may seek custody modification if:

  • You believe your ex-spouse is an unfit parent because of issues like substance abuse or suspected physical abuse or neglect of your child
  • Your work schedule has changed, and you need the custody arrangement to accommodate your current work hours
  • Your child has grown older and expressed their wishes to change the current custody or visitation schedule
  • You are moving to a different county or state and can no longer abide by the current custody arrangements

Factors Affecting Child Support Modifications in North Carolina

Child support payments in North Carolina depend on both parents’ incomes and the time the child spends in each parent’s home. Typically, the parent with whom the child primarily lives will receive child support payments from their co-parent.

When asking a North Carolina family law court to modify a child support order, you must prove a substantial change in your circumstances, such as:

  • A significant change in income—for example, if you are the paying parent who lost their job or had to take a lower-paying job
  • A change in custody arrangements—for instance, if your child now spends more time with you and you pay directly for more of their expenses
  • A change in the child’s needs—such as a sudden disability or the need for special education services

Our experienced family lawyers at Speaks Law Firm, PC Family Law Division can help you and your ex-spouse work out a mutually acceptable new custody or support plan. Contact us today to schedule a case review.

Requesting Spousal Support Modifications in North Carolina

In North Carolina, you may request spousal support modifications whether you are on the paying or receiving side. A family law court may approve a petition for alimony modification under various circumstances, such as the following:

  • You receive spousal support and have recently experienced a situation involving disability or income loss, which calls for larger support payments
  • You cannot meet your current alimony obligations because of unemployment, bankruptcy, or disability

Contact our divorce modifications legal team today to schedule a case review.

A Child Support, Alimony, and Post-Divorce Modifications Lawyer Who Speaks for You in NC

Have you run into difficulties with your child support payments, alimony payments, or your custody arrangement? Are you unable to meet your financial obligations because of changed circumstances? Do you struggle because the child support payments you receive don’t cover your children’s current needs?

At Speaks Law Firm, PC Family Law Division, we can help you petition for modifications in and around Wilmington, NC. Contact us to schedule a case review today.

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Why Choose Speaks Law Firm, PC Family Law Division?

Passion – Our family law attorneys, Justin Moulin and Sarah Gray, are dedicated to helping clients with legal matters involving divorce and family issues in Wilmington, North Carolina. We put clients’ needs first, and we are passionate about helping people through emotionally difficult times.
Experience – When dealing with family legal issues, you need someone with a proven track record. Sarah Gray and Justin Moulin have dedicated their careers to representing families. Sarah has more than 10 years of experience representing clients, while Justin has worked in multiple counties in North Carolina and has focused on custody and child support actions, protective order hearings, alimony claims, property division, and divorce.
Case review – You can have peace of mind when you discuss your needs with us. We will review your circumstances and goals. In this discussion, we can create a plan for you and determine your challenges and opportunities. Fill out our online form to schedule a case evaluation.

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What Our Clients Are Saying

Client Review | Wilmington, NC 28401 | Speaks Family Law
  • I was very pleased with the way that Speaks Family Law handled my case. They worked hard to get the most money that they could. Everyone at the firm was always polite and always answered all of my concerns. I would definitely recommend Speaks Family Law to anyone who needs representation. I always knew that they were there anytime I needed them. A big “Thank you!” goes out to all of the people who are involved with the firm.

    - KE -

  • “She was amazing, she was able to give me the information I needed and was straight forward about what was possible regarding my son. She has made me feel confident in knowing that father’s have just as much legal rights to kids as moms. If I need legal help regarding anything further I will be contacting her again for sure.”

    - D. L. -

  • It was a very helpful experience and I am especially grateful for the way they answered my questions and helped me navigate what would have been a much more difficult situation. I felt that my interests were fought for and taken care of and would hightly recommend anyone who might go through this to be respresented by Speaks Law Firm, PC Family Law Division.

    - S.H. -

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At Speaks Law Firm, PC Family Law Division, we provide you with multimedia educational resources to help you become informed regarding your Family Law situation. We invite you to explore our library of articles and videos. The better you understand the factors in your case, the more effectively we can work together towards your goals.

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FAQS About Modifications

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.

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