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.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.