Modifying a Custody or Support Order in North Carolina

Custody and support

Most orders stop fitting long before anyone files anything. When both parents can see the problem, a consent order fixes it in an afternoon.

On this page

1. Two steps, not one
2. The fast route
3. Support and arrears
4. Write the next change in

Two steps, not one

Modifying a North Carolina custody order requires a two-step showing. First, a substantial change in circumstances affecting the welfare of the child. Second, that a change in custody is in the child’s best interests. A change in a parent’s life that does not affect the child is not enough on its own.

Child support uses a different trigger. Any substantial change in circumstances can support a modification, and a party may commonly show one by establishing that an order at least three years old differs from the guideline amount by fifteen percent or more.

What usually qualifies, and what usually does not

The fast route

Parents who agree can modify by consent order without a contested hearing. That is weeks rather than months, a fraction of the cost, and it avoids testimony about the other parent. Most modifications that actually need to happen are logistical — a schedule that stopped matching the school bus, a shift change at the hospital, a move from Huntersville to Concord — and none of those require a judge to referee.

Two routes to a changed order

Filing first is sometimes necessary. It is rarely the fastest route.

Support modifications and arrears

Two points cause most of the damage. An informal agreement to pay less does not change a court order, so arrears accumulate even when both parents agreed by text. And modifications are generally effective from the date the motion is filed, not from the date circumstances changed, so waiting six months after a job loss usually means six months accruing at the old rate.

Write the next change in now

• A schedule that steps up automatically at defined ages.
• An annual exchange of tax returns each spring with a formula for recalculating support.
• A clause requiring mediation before either parent files a motion.
• A defined process for adjusting the calendar when a work schedule changes.

The best modification is the one written into the original order, before anyone needed it.Christopher Adkins, Adkins Law

Frequently asked questions

What counts as a substantial change in circumstances?

A change affecting the welfare of the child: relocation, a significant change in work schedule or availability, safety concerns, or a child aging into different needs.

Can we just agree to change the schedule?

Parents can agree, but the existing order remains enforceable as written until it is modified. A consent order makes the new arrangement enforceable.

When does a support modification take effect?

Generally from the date the motion is filed, which is why waiting is expensive.

How old does a support order have to be?

A party may commonly rely on the fifteen percent difference showing where the order is at least three years old, though any substantial change can qualify.

Change it by consent if you can

If you and the other parent both see the problem, Adkins Law can usually turn that into a consent order quickly and without a hearing.

Call Adkins Law (704) 274-5677Text (704) 231-5762Request a consultation

Adkins Law, PLLC · 9620 Sherrill Estates Road, Huntersville, NC 28078 · Calling or texting does not create an attorney–client relationship.

Keep reading

• Child custody
• Child support
• Mediation
• How a family case works

About the author: Christopher Adkins

Chris Adkins is the founder of Adkins Law, PLLC in Huntersville, North Carolina, a certified mediator with the North Carolina Dispute Resolution Commission, a parenting coordinator, and the author of The Book on Divorce in North Carolina. He previously served six and a half years as a Charlotte-Mecklenburg police officer and served as a Combat Engineer officer in the North Carolina Army National Guard and U.S. Army Reserve, deploying to Kuwait in 2012–2013.

Read the full profile · Request a consultation · (704) 274-5677

This page provides general information about North Carolina law for educational purposes. It is not legal advice and does not create an attorney–client relationship. Statutes, court rules and local practice change, and the outcome of any case depends on its own facts. Speak with a licensed North Carolina attorney about your situation. Written by Christopher Adkins, attorney at Adkins Law, PLLC, Huntersville, North Carolina.