Family court orders are built on the facts at the time. When the facts change, a job loss, a move, a new schedule, a child's needs, the order can change too. The standard is higher than the first time around, and the paperwork matters.
Modifying custody and parenting time
A North Carolina custody order can be modified when there has been a substantial change in circumstances affecting the welfare of the child since the order was entered, and modification is in the child's best interests. Relocation that disrupts the schedule is a frequent trigger. Parties usually return to custody mediation before a modification hearing.
Modifying child support
Child support can be modified on a substantial change in circumstances. After three years, a difference of 15 percent or more between the current order and the guideline amount is presumed to be a substantial change. Income changes, a new overnight schedule and a child's changed needs are the common grounds.
Modifying or ending alimony
Court-ordered alimony and postseparation support can be modified or ended on changed circumstances, and end on the dependent spouse's remarriage or cohabitation. Alimony set by a separation agreement that was not incorporated into a court order is a contract and generally can't be modified by the court.
Enforcement
If the other side isn't following the order, modification isn't the answer; enforcement is. Contempt motions, wage garnishment and make-up parenting time are all available. We'll tell you which route fits.
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Call (704) 842-3411Request a case reviewCommon questions
How soon after an order can I ask to change it?
There's no waiting period for a true change in circumstances, but courts are skeptical of motions filed shortly after an order unless something significant happened. For child support, North Carolina presumes a substantial change after three years if the guideline amount differs by 15 percent or more.
Can we just agree to change it between ourselves?
You can agree, but put it in writing and have the court enter it. Informal changes aren't enforceable and support arrears keep accruing under the old order.
What counts as a substantial change?
Job loss or a large change in income, relocation, a change in the child's needs or schooling, a parent's health, or a pattern of the other parent not following the order. One bad month usually isn't enough; a sustained change usually is.
This page provides general information about North Carolina law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.