Child support generally may be changed or modified by filing a motion to modify and demonstrating to the court that the circumstances of the child or one or both parents have materially and substantially changed, or that some period of time (3 years, for example) has passed since the court’s last child support order. And if there has been a material and substantial change in the custody of the child—if, for example, the noncustodial parent who was paying child support has become the custodial parent—the court may change or eliminate the child support obligation based on the change in the custody arrangement.
In North Carolina, child support orders can be modified if there has been a material and substantial change in circumstances since the last order was made. This could include significant changes in the income of either parent, the needs of the child, or the custody arrangement. For instance, if the noncustodial parent who was paying child support becomes the custodial parent, this would constitute a change in circumstances that could lead to a modification or termination of the child support obligation. Additionally, North Carolina law presumes that a change in circumstances has occurred if it has been at least three years since the last child support order and there is a difference of at least 15% between the amount of the existing child support order and the amount that would be awarded according to the current child support guidelines. To initiate a modification, the parent must file a motion to modify with the court, and the court will evaluate whether the legal standard for modification has been met.