• US Legal Forms

North Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support

State:
Multi-State
Control #:
US-00800BG
Format:
Word; 
Rich Text
Instant download

Description

This form is used to justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.

A Motion to Modify or Amend Divorce Decree to Provide for an Increase in Amount of Child Support in North Carolina is a legal process that enables a parent to request a change in the existing child support order to reflect an increased financial obligation. This motion is typically filed when there has been a significant change in the circumstances of either the custodial or non-custodial parent that warrants an increase in the child support amount. The North Carolina court system recognizes different types of motions to modify or amend divorce decrees related to child support. Though the specifics may vary, they generally fall under the following categories: 1. Basic Motion to Modify Child Support: This is a general motion filed by either parent, requesting an increase in the child support amount due to substantial changes in their financial situation or the needs of the child. The court considers factors such as changes in income, employment, medical expenses, or other significant financial changes. 2. Motion to Modify Child Support due to Income Change: This motion is filed if the paying parent has experienced a significant increase in their income, resulting in a discrepancy between the current child support amount and the financial means of the paying parent. The custodial parent may request an increase to ensure the child's needs are adequately met. 3. Motion to Modify Child Support due to Change in Child's Needs: This motion may be filed when there are substantial changes in the child's needs, such as increased medical expenses, educational costs, or extracurricular activities. The custodial parent seeks an adjustment in child support to accommodate these new expenses. 4. Motion to Modify Child Support due to Change in Custody Arrangement: If there is a change in the custodial arrangement, such as one parent gaining primary custody or a shared custody arrangement ending, a motion to modify child support may be necessary. The court will consider the new custody arrangement and the financial responsibilities of each parent to determine a fair child support amount. When filing a motion to modify or amend a divorce decree for an increase in child support in North Carolina, it is essential to provide supporting documentation and evidence to substantiate the claim. Financial records, pay stubs, medical bills, and other relevant documents should be submitted to demonstrate the need for an increased child support amount. It is crucial to consult with an experienced family law attorney who specializes in child support matters in North Carolina to navigate the legal process effectively. The attorney will guide you through the specific requirements and procedures involved in filing the motion, ensuring your case is presented in the best possible light, and the child's best interests are upheld.

Free preview
  • Form preview
  • Form preview

How to fill out North Carolina Motion To Modify Or Amend Divorce Decree To Provide For Increase In Amount Of Child Support?

You can spend hrs online looking for the lawful file format that fits the federal and state requirements you need. US Legal Forms gives thousands of lawful kinds that happen to be reviewed by specialists. You can actually obtain or print the North Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support from my services.

If you already possess a US Legal Forms bank account, you can log in and click on the Obtain button. Next, you can full, edit, print, or indicator the North Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support. Every lawful file format you get is the one you have permanently. To get an additional backup of the bought form, proceed to the My Forms tab and click on the corresponding button.

If you work with the US Legal Forms web site the very first time, follow the simple recommendations beneath:

  • First, be sure that you have selected the right file format for that state/area of your liking. See the form description to ensure you have selected the correct form. If available, take advantage of the Review button to search with the file format as well.
  • If you would like discover an additional variation from the form, take advantage of the Research discipline to obtain the format that meets your requirements and requirements.
  • Once you have identified the format you need, click Purchase now to carry on.
  • Select the costs program you need, type in your accreditations, and register for your account on US Legal Forms.
  • Complete the transaction. You may use your charge card or PayPal bank account to purchase the lawful form.
  • Select the formatting from the file and obtain it for your product.
  • Make changes for your file if required. You can full, edit and indicator and print North Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support.

Obtain and print thousands of file themes making use of the US Legal Forms Internet site, that offers the most important assortment of lawful kinds. Use expert and state-distinct themes to take on your organization or personal requirements.

Form popularity

FAQ

North Carolina Child Support Laws 2023 One modification is directly related to the current federal poverty level, $1150 per month. If a parent obligated to pay child support claims that he or she is too poor to pay, the court uses the base mark of $1150/monthly ($13,800/yearly) for 1 person.

North Carolina Child Support Laws 2023 One modification is directly related to the current federal poverty level, $1150 per month. If a parent obligated to pay child support claims that he or she is too poor to pay, the court uses the base mark of $1150/monthly ($13,800/yearly) for 1 person.

When parents' combined adjusted gross income is more than $30,000 per month ($360,000 per year), the supporting parent's obligation goes beyond the child support guidelines. In high-combined income cases, the court will set support as to meet the reasonable needs of the child's health, education, and maintenance.

There are several factors involved in calculating child support in North Carolina, but these are among the most significant: The gross monthly income of each parent. The monthly cost of daycare for each child. The cost of medical insurance, like family group health insurance.

However, the court doesn't usually modify child support simply due to an increase or decrease in income. To modify child support in North Carolina, you must prove a substantial change in circumstances has occurred since the entry of your last child support order.

If you are represented by the local CSE agency, you should contact your caseworker. Otherwise, you can file for a modification using this form. The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support order.

A parent living with another person or ?cohabitation? Remarriage of a Parent. Change in Financial Condition. Evidence of a minor child's mental health or well-being by qualified professional.

Deviating From the North Carolina Child Support Guidelines Deviations from the guidelines are based on findings that the guidelines would not meet, or would exceed the reasonable needs of the child considering the ability of parents to provide support.

Interesting Questions

More info

INSTRUCTIONS TO PARTIES OR ATTORNEYS: Unless a complete and current form is on file in this case, this form, along with a Certification Of Identity For Child ... Nov 6, 2020 — To modify child support in North Carolina, you must prove a substantial change in circumstances has occurred since the entry of your last child ...The judge will hold a hearing on the motion to modify. You should be prepared to show documentation that justifies your request to modify the child support ... In North Carolina, the courts determine the amount of child support based on a formula that looks at three primary factors: · If a party wishes to modify a child ... However, this adjustment is not automatic and the party desiring a modification will still have to petition the court to modify the child support amount. Jul 16, 2020 — If the new amount of child support owed results in a more than 15% change, the Court can modify the order within three years. 3. Contest the CSS ... Sep 20, 2016 — A. Support Orders Are Modifiable. 1. Because a child support order determines the current and continuing rights and obli-. Dec 4, 2019 — Board Certified Family Law Specialist Matt Arnold answers the question: "How is the amount of child support decided in North Carolina? After a court order has been set for child support, you may still be capable of modifying payment in NC. Learn more about showing sufficient reason. Learn the reasons a judge may increase or decrease child support, how to request a modification or fight that request, and whether you need a lawyer.

Trusted and secure by over 3 million people of the world’s leading companies

North Carolina Motion to Modify or Amend Divorce Decree to Provide for Increase in Amount of Child Support