Getting More Child Support in North Carolina
If your child’s needs or your circumstances have changed, you may be able to petition the court to increase an existing child support order.
Can You Get More Child Support?
Child support exists to make sure a child doesn’t suffer financially because their parents no longer share a household. In most cases, the non-custodial parent pays monthly child support to the custodial parent to help cover the child’s educational, medical, and general living expenses. When circumstances change, the custodial parent can ask the court to increase that support.
Grounds for Upward Modification
Increased Costs for the Child
You can petition to modify child support if changes in circumstances have increased the cost of raising your child, for example, higher education, childcare, or medical expenses.
Your Own Financial Changes
You can also seek an increase if your own financial resources have been reduced, such as through job loss or an illness or disability that limits your ability to work.
The Other Parent’s Improved Finances
If the non-custodial parent’s financial circumstances have significantly improved, you may be able to seek an upward modification, since the child is generally entitled to benefit from a parent’s improved fortunes.
The Three-Year, 15% Rule
If it’s been at least three years since the last child support order, you can seek a modification review by showing that recalculating support under the current Guidelines would result in an amount at least 15% different from the existing order, without needing to separately prove a substantial change in circumstances.
When a Modification Takes Effect
Child support modifications in North Carolina are not retroactive. An increase generally takes effect from the date the modification motion is filed with the court, not from the date the change in circumstances actually occurred, so it’s important not to delay in filing.
How We Can Help
The cost of raising a child usually increases over time, and an outdated support order can leave a custodial parent shouldering more than their fair share. Our attorneys can evaluate your situation, determine whether you have valid grounds for an upward modification, and help you file and present the strongest possible case.
Common Questions
What counts as a substantial change in circumstances?
Examples include a significant, involuntary change in either parent’s income, a change in the child’s needs or expenses, or a change in the custody or visitation schedule that affects the support calculation.
Do I need to wait three years to request more child support?
No. You can petition for an upward modification at any time by proving a substantial and material change in circumstances. The three-year, 15% rule is simply an additional path available once three years have passed since the last order.
Will I get back-support for the time before I filed?
Generally, no. Child support modifications are not retroactive, an increase typically starts from the date the modification motion was filed, not from when the change in circumstances happened.
Can support increase just because the other parent got a raise?
Yes, potentially. A significant improvement in the non-custodial parent’s income can support an upward modification, since the child is generally entitled to share in a parent’s improved financial circumstances.
Think You’re Entitled to More Support?
Our family law attorneys can review your situation and help you pursue an upward modification of your child support order.