When you establish a child support agreement in North Carolina, there are many factors considered in the equation that determines support payments. However, as costs go up across the nation and life goes on, those factors may no longer be accurate.
Life changes, and that is understandable. However, what happens if your child’s other parent claims they can no longer afford the child support payments? If they seek to modify child support, here is what you should know.
What does the other parent have to do?
A request is not enough to officially change the child support agreement in North Carolina. The paying parent must file for a modification and then prove why a modification is necessary. This means they must provide evidence that they experienced a significant change in circumstances which impacts their ability to pay, such as a change in income or the birth of another child.
What should you do?
Regardless of how you feel about a potential child support modification, there are some critical steps you should take, including:
- Gathering evidence of your own: While you do not have the burden of proof, it will be helpful to compile an accurate depiction of your child’s needs – and all of the related expenses that go into your child’s care, activities, education and more. After all, the child’s needs are the other most important factor to consider when it comes to child support. In addition, make sure you have documentation of your own finances at the ready as well.
- Preparing for negotiation: Whether you will attend a hearing or reach an agreement privately with your child’s other parent, it will help to prepare yourself. For example, it may be beneficial to consult a family law advocate to calculate a reasonable payment option based on the new circumstances. If there are any disputes over child support or the modification, it will be even more important to collect evidence and understand your own rights in this situation.
Any changes to support agreements directly impact your family. You should measure this projected impact to continue supporting and protecting your children’s needs as they grow. It is the law that both parents must financially support their children. You can work to ensure the division of that financial support remains equitable based on your family’s circumstances.