If you live in the state of North Carolina and want to get your support order altered, it is possible to do so if certain conditions are met. Below are some of the circumstances in which it is possible to change an order.
Those incarcerated in jail or prison may be eligible "during any period when the supporting party is incarcerated, is not on work release, and has no resources with which to make the payment."
And while the state Child Support Enforcement agency reviews support orders every third year for families receiving public assistance, other families are eligible for reviews every three years upon request of either of the parents.
Also, when circumstances that affect the children are changed substantially, reviews can be requested.
Parents can contact their local child support agency to request changes via letter or phone. There are no standard forms to fill out for these requests for review, but parents may file their own motions through the clerk of the court having jurisdiction over their cases.
Once the review process is initiated, the agency calculates the assets and incomes of each parent while assessing the children's needs. Caseworkers use review and adjustment checklists when evaluating parental requests for changes in the orders. Once the process is complete, the parents are informed of the findings. They then have 30 days to contest a review.
If the review is not contested and the parents consent, any modifications are handled administratively. If contested, there will be a pleading filed into the appropriate court.
Your family law attorney can advise and guide you throughout all steps of the child support review process.
Source: Office of Child Support Enforcement, "Changing a Child Support Order in Your State," accessed May 13, 2016